Ms. Goodman wrote regularly about politics, news, education, and Judaism for Examiner.com until the publication closed in July 2016. She is the editor of History Musings... History, News & Politics which covers history news. She was also the former Editor/Features Editor for the History News Network (HNN), and had been working for HNN from 2004-2010, where she was the editor of some of the online magazine’s popular features, "History Buzz," "Political Highlights," "Top Young Historians," "History Doyens," "On this Day in History."

Ms. Goodman currently blogs at
Medium, where she is a top writer in history and regularly writes on "On This Day in History (#OTD in #History)" Feature and on the Times of Israel. Her scholarly articles can be found on Academia.edu

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November surprise FBI’s Comey announces Clinton will still not face charges over server

By Bonnie K. Goodman

FBI Director James Comey testifies before a House Oversight and Government Reform Committee hearing on Capitol Hill in Washington, DC, on July 7, 2016.Comey is testifying on his July 5 recommendation that no charges be brought over US Democratic presidential candidate Hillary Clinton’s use of a private email server while secretary of state, saying the investigation does not support a criminal prosecution. / AFP / YURI GRIPAS (Photo credit should read YURI GRIPAS/AFP/Getty Images)

In an election cycle with never ending surprise, FBI Director James B. Comey whipped up a November surprise with barely two days left to Election Day. On Sunday afternoon, Nov. 6, 2016, Comey sent another letter to the chairman of Congressional committee announcing that they have reviewed the newly discovered emails and that the FBI is standing by their July decision not to recommend any criminal charges against the former Secretary of State over her usage of a private email server. The announcement is just as interfering in the election as Comey’s first letter on Oct. 28, and it has been met with criticism from Republicans as a close campaign enters its final two days.

In Comey’s second letter, he informed Congressional leaders that the second investigation had been completed, “Since my letter, the FBI investigative team has been working around the clock to process and review a large volume of emails from a device obtained in connection with an unrelated criminal investigation. During that process, we reviewed all of the communications that were to or from Hillary Clinton while she was Secretary of State.”

The FBI Director concluded, “Based on our review, we have not changed our conclusions that we expressed in July with respect to Secretary Clinton.” Attorney General Loretta Lynch disagreed with Comey’s first letter, but on Sunday, the Justice Department issued a brief statement, saying, “The Department of Justice and the FBI dedicated all necessary resources to conduct this review expeditiously.”

The Clinton campaign was relieved after hearing the news but defiant. Clinton spokesman Brian Fallon tweeted, “We were always confident nothing would cause the July decision to be revisited. Now Director Comey has confirmed it.” While Jennifer Palmieri, Clinton’s communications director told reporters, “We have seen Director Comey’s latest letter to the Hill. We are glad to see that he has found, as we were confident that he would, that he had confirmed the conclusions he reached in July and we are glad that this matter is resolved.”

Rep. Adam Schiff, the ranking Democrat on the House Intelligence Committee, was equally pleased with the results of the investigation and its timing. Schiff in a statement expressed,
“While the original letter should never have been sent so close to an election, the expeditious review of these emails should put to rest — once and for all — the irresponsible speculation indulged in by the Trump campaign and others. Voters can now make their decision based on the merits, and that decision should be simple: it is the choice between a woman superbly qualified to be commander in chief, and a man patently unfit for office.”

Not all Democrats were as content one told CNN “It opened a wound that cannot be quickly healed.” Dianne Feinstein, the ranking Democrat on the Senate Select Committee on Intelligence, is still angry at Comey. In a statement, Feinstein said, “Today’s letter makes Director Comey’s actions nine days ago even more troubling. There’s no doubt that it created a false impression about the nature of the agency’s inquiry. The Justice Department needs to take a look at its procedures to prevent similar actions that could influence future elections.”

The Republicans, however, were less than impressed by the November Surprise that might ruin their argument to vote Republican so close to the election. The letter seemed like another election spoiler. Trump spokesman Jason Miller commented on CNN, “We thought that Director Comey and the FBI were wrong when they made their initial recommendation in July, and we think that they’re wrong now.”

Speaker of the House Paul Ryan dismissed the letter, saying, “Regardless of this decision, the undisputed finding of the FBI’s investigation is that Secretary Clinton put our nation’s secrets at risk and in doing so compromised our national security,” Ryan said in a statement. “Fortunately, the American people have the opportunity to ensure Secretary Clinton never gets her hands on classified information again.”

Republican National Committee Chairman Reince Priebus agreed with Ryan, stating, “None of this changes the fact that the FBI continues to investigate the Clinton Foundation for corruption involving her tenure as secretary of state. Hillary Clinton should never be president.”

GOP vice presidential nominee Mike Pence hammered Clinton at “a rally in an airport hanger in Hickory, North Carolina,” saying, “Mishandling classified information is a crime. Hillary Clinton said that she never sent or received any classified information and the director of the FBI told the Congress classified information was sent.”

Meanwhile, Republican nominee Donald Trump spoke very little about the letter at his rally in Minneapolis, Minnesota, which began minutes after the news broke. The GOP nominee, however, renewed his call of a rigged system, claiming, “Well, you have to understand it’s a rigged system and she’s protected.” Top Trump surrogate Newt Gingrich concurred on Twitter, accusing, “Comey must be under enormous political pressure to cave like this.”

In July, Comey announced his decision not to prosecute Clinton after a lengthy FBI investigation. Comey said on July 5, “Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case.” Although Comey expressed, the FBI could not “find a case that would support bringing criminal charges on these facts,” he called Clinton’s handling of her emails “extremely careless.” Clinton has always dismissed the issue as merely a “mistake” of judgment.

Then on Friday, Oct. 28, Comey sent a letter to Congressional Committee Chairman informing them that the FBI uncovered new “pertinent” emails relating to the Clinton investigation in an unrelated case, and advised that the FBI would be reopening their investigation into Clinton’s private server. The FBI discovered 650,000 emails on the computer of disgraced Congressman Anthony Weiner in their investigation of his sending sexually inappropriate text messages to an underage girl.

Weiner is the estranged husband of Huma Abedin, Clinton’s longtime aide who was Clinton’s deputy chief of staff at the State Department and is now her deputy campaign chair. Abedin also had an account on Clinton’s server. Abedin denied knowing the emails were ever on her husband’s laptop; she had been cooperating with authorities on the matter.

Initially sources claimed the emails were not duplicates of those the FBI already reviewed, but it turns out they were all copies. FBI agents knew of the emails for two weeks before notifying Comey on Thursday, Oct. 27. The Bureau was granted a warrant to search the emails on Sunday, Oct. 30. The probe was supposed not to be complete before the election, but pressure from the White House forced the FBI to complete the investigation before. The FBI used computers programs to scan and the emails and compared with those they already they had in the possession.

Initially, Comey faced praise from Trump’s campaign but was attacked and criticized by Clinton her campaign, Congressional supporters, most Democrats and President Barack Obama for the timing of the letter. Democrats in Congress even threatened to investigate Comey and the FBI for the timing of the letter, which interfered in the election a long known taboo.

Former Attorney General Eric Holder who formally instituted a policy in 2012 preventing investigations from interfering with elections wrote an editorial in the Washington Post criticizing Comey. Holder joined 100 Justice Department writing an open letter telling Comey his “letter to Congress was inconsistent with prevailing department policy, that it broke with longstanding practices followed during past elections and that they were astonished and perplexed.”

Now the Republicans and still some Democrats are criticizing Comey with good reason. Comey has played with the voters’ emotions and the election. Clinton may have received her all clear before the election, but Clinton lost her lead the contest is now close between Trump and Clinton, with Trump eclipsing Clinton is some crucial battleground states. The first letter united Republicans and saw them rallying around the nominee. The electoral map shifted in Trump’s favor after the first letter, will the second letter flip it back to Clinton or will voters remain wary of a scandal and investigation prone Clinton. Only on election night will anyone know how much Comey’s October and then November Surprises affected the 2016 election.

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New scandal Clinton had her maid print classified emails documents, yet she leads in polls

By Bonnie K. Goodman

PHILADELPHIA, PA – NOVEMBER 06: Democratic presidential nominee former Secretary of State Hillary Clinton speaks during church services at Mt. Airy Church of God in Christ on November 6, 2016 in Philadelphia, Pennsylvania. With two days to go until election day, Hillary Clinton is campaigning in Florida and Pennsylvania. (Photo by Justin Sullivan/Getty Images)

Democratic nominee Hillary Clinton is taking laziness and risking national security to a new level. On Sunday, Nov. 6, 2016, the New York Post dropped a bombshell; Clinton asked her maid in her house in Washington, DC to print for her emails and documents including classified docs during her tenure as Secretary of State. The NY Post is claiming their story comes from emails and FBI memos. The news comes just two days before the election as the race is close between Clinton and Republican nominee Donald Trump and just a week after the FBI’s Director James Comey announced they were reopening their investigation. Ironically, polls are still positive for Clinton with her lead growing in the campaign’s final days.

According to the report, Marina Santos is the maid at the center of the new controversy. Santos is a Filipino immigrant who works at Clinton’s home, Whitehaven and does not have or had a security clearance. According to the NY Post, Clinton had Santos print for her “drafts of her speeches, confidential memos and “call sheets” – background information and talking points prepared for the secretary of state in advance of a phone call with a foreign head of state.”

Emails show that Clinton routinely asked her staff and aides to forward documents to Santos so she could print them for her. Some of the examples include an unclassified email from 2011 where Clinton asked her longtime Huma Abedin, “Pls ask Marina to print for me in am.” Abedin is the center of the FBI’s renewed investigation where all of her State Department communications that were also on Clinton’s private server were uncovered on her estranged husband’s former congressman Anthony Weiner’s laptop.

There are also three other emails that are labeled as classified under the level of confidential in which Santos is referred to print items all come from aide, Monica Hanley. One from 2012 had to do with the new president Malawi, the other from the same year had to do with Iran both times Hanley mentioned Santos printing them, first writing, “We can ask Marina to print this,” and the other time “Marina is trying to print for you.” Hanely also mentioned a State Department fax in a 2012 email, “to see before your Netanyahu mtg. Marina will grab for you.”

The FBI’s investigation notes always pointed out that Santos had access to these documents by accessing the SCIF room (sensitive compartmented information facility) set up in Clinton’s Whitehaven home. The FBI wrote from their interview with Abedin, Santos “collected documents from the secure facsimile machine for Clinton.” Some of the documents besides emails were “the Presidential Daily Brief” on national security issues.

Despite the revelation and Santos involvement, she has not been interviewed neither has her devices been subpoenaed by the FBI for review. The FBI never asked Santos to hand over the iMac she received the emails on or the printer she used. Santos also was responsible for downloading all of Clinton’s State Department emails onto the Secretary’s Apple MacBook laptop, and USB flash drive that has become conveniently missing throughout the investigation.

The FBI noted in the case summary, “The two copies of the Clinton e-mail archive (one on the archive laptop and one on the thumb drive) were intended to be stored in Clinton’s Chappaqua and Whitehaven residences,” and that it “does not have either item in its possession.” Hanley told the FBI the devices were lost, a sadly unbelievable excuse.

What is believable that Clinton may have had her maid print out documents. The latest batch of emails released by the State Department and uncovered by the FBI during their investigation were near duplicates that usually had a “please print” added to it. Clinton said she used the private server mostly as a convenience to use one phone for both her professional and personal emails, essentially admitting laziness. If Clinton was that lazy, she had to have her information stored on the State Department server, and have an assistant with security clearance print and fetch her documents, not her maid.

Despite these reports, and the renewed FBI investigation American voters still say they are voting for Clinton. Two new polls released Sunday give Clinton comfortable leads. The ABC News-Washington Post Tracking gave Clinton a 5-point advantage 48 percent support to Trump’s 43, while the NBC News and Wall Street Journal poll has Clinton with a four-point lead, 44 percent to Trump’s 40.

In the opposite spectrum the LA Times/USC Tracking which has had an essential tie between the candidate opens up to a five-point lead for Trump, with 48 percent to Clinton’s 43 percent. The most reliable poll in 2012, the IBD/TIPP Tracking has the race at a tie, one up for Trump in a four-way race with while Clinton has the one-point advantage in a two-way race. However, the election is a four-way race with voters inevitably casting their ballots for third-party candidates.

Why would anyone want to elect a president who is extremely careless with FBI investigations over their head and a Congress that is threatening impeachment? In a recent exchange on Twitter with former Politico reporter and author of “HRC: State Secrets and the Rebirth of Hillary Clinton” Jonathan Allen, he claims it is a “prioritization” about voters believing “Clinton is competent to run the country and that Trump is not.”

Being politically corrupt, however, is worse than any lack of readiness for the presidency. The two last presidents Republican George W. Bush and Democrat Barack Obama were criticized for not being ready enough for the presidency. Bush resolved the issue by surrounding himself with experience advisors and very hands on Vice President in the form of Dick Cheney, while Obama learned the lessons himself with the help of a Democratic Congress.

Trump too can surround himself with experienced advisors, and he has an accomplished running mate in Indian Governor Mike Pence, a veteran of Congress as well. Trump will also have a Republican Congress backing him up. As leaks from the Trump campaign’s final days prove, he can learn to listen and restrain himself. Maybe the outsider needs a learning curve, but at least he has never risked national security and classified documents as Clinton did as Secretary of State, indictment or not she was irresponsible, and that never makes anyone “competent to run the country.”

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State Department releases the last batch of Clinton emails before the election

By Bonnie K. Goodman

DETROIT, MI – NOVEMBER 04: Democratic presidential nominee former Secretary of State Hillary Clinton speaks during a campaign rally at Eastern Market on November 4, 2016 in Detroit, Michigan. With less than a week to go until election day, Hillary Clinton is campaigning in Pennsylvania, Ohio and Michigan. (Photo by Justin Sullivan/Getty Images)

The State Department released the final two batches of emails from former Secretary of State and Democratic nominee Hillary Clinton’s tenure before the election. On Thursday, Nov. 3, 2016, the State Department released 357 emails or 1,250 pages while on Friday, Nov. 4 they released 74 emails or 280 pages. The emails are part of the 15,000 the FBI discovered over the course of their first investigation into Clinton potentially endangering national security by using a private server for her email communications.

The majorities of the emails released are near duplicates of the emails the State Department previously released but include another mostly insignificant chain. State Department Deputy Spokesperson Mark Toner explained the emails in a statement, writing, “For instance, a ‘near duplicate’ would be substantively identical to previously released emails, but for a top email in the chain stating ‘Please print.'”

The emails are being released as part of Freedom of Information Act lawsuit by the Conservative group Judicial Watch. Judicial Watch was responsible for the lawsuit that forced the State Department to release the approximately 30,000 work related emails Clinton handed over to the State Department in December 2014. Clinton deleted the same amount of emails. The FBI recovered these 15,000 emails while examining the server.

U.S. District Judge James Boasberg ordered the State Department to review 1,000 documents before the election. The State Department previously released “75 emails, or around 270 pages, on Oct. 7, about 112 emails or 240 pages on Oct. 21, and 357 on Thursday.” Of the 15,000 emails, 60 percent were personal emails, 37 percent, 5,600 were from her work, but many were duplicates. The State Department will review 500 pages each month after the election and then release those that are appropriate.

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RALEIGH, NC – NOVEMBER 03: Democratic presidential nominee Hillary Clinton speaks during a campaign rally at Coastal Credit Union Music Park at Walnut Creek on November 3, 2016 in Raleigh, North Carolina. The U.S. presidential general election is November 8. (Photo by Justin Sullivan/Getty Images)

The emails the FBI discovered on former Congressman Anthony Weiner’s computer relate to former Secretary of State and Democratic nominee Hillary Clinton’s tenure and are not duplicates. CBS News spoke to an official involved in the investigation and reported on Thursday, Nov. 3, 2016, that the emails James B.Comey referred to his letter renewing the investigation are from Clinton’s tenure and the FBI has never seen them before.

The source told CBS generally about the emails but did provide details on the number of emails discovered that are specifically related to Clinton and if they are “significant” to their probe into whether she mishandled classified information by using a private server. According to a report conducted by CBS News’ Andres Triay, “At this point, however, it remains to be seen whether these emails are significant to the FBI’s investigation into Clinton. It is also not known how many relevant emails there are.”

On Friday, Oct. 28, FBI Director James Comey sent a letter to Congressional Committee Chairman informing them that the FBI uncovered new “pertinent” emails relating to the Clinton investigation in an unrelated case, and advised that the FBI would be reopening their investigation into Clinton’s private server. The FBI discovered 650,000 emails on the computer of disgraced Congressman Anthony Weiner in their investigation of his sending sexually inappropriate text messages to an underage girl.

Weiner is the estranged husband of Huma Abedin, Clinton’s longtime aide who was Clinton’s deputy chief of staff at the State Department and is now her deputy campaign chair. Abedin also had an account on Clinton’s server. Abedin denied knowing the emails were ever on her husband’s laptop; she has been cooperating with authorities on the matter.

FBI agents knew of the emails for two weeks before notifying Comey on Thursday, Oct. 27. The Bureau was granted a warrant to search the emails on Sunday, Oct. 30. Comey has faced praised from Trump’s campaign but criticism and attacks from Clinton her campaign and Congressional supporters and now President Barack Obama for the timing of the letter.

The investigation is not going to be complete before the election. An official spoke to USA Today and indicated that neither would the FBI provide updates throughout the investigation or give the results of their preliminary probe despite repeated calls from Democrats and Clinton’s campaign to do so. Another source told Reuters, Comey was motivated to send the letter to Congress to have control over the investigation and prevent leaks from the Bureau.

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WASHINGTON, DC – SEPTEMBER 27: FBI Director James Comey testifies during a hearing before the Senate Homeland Security and Government Affairs Committee September 27, 2016, on Capitol Hill in Washington, DC. The committee held a hearing on “Fifteen Years After 9/11: Threats to the Homeland.” (Photo by Alex Wong/Getty Images)

FBI Director James B. Comey put his conscience before politics when he sent a letter to Congressional leaders informing them that the FBI found new “pertinent” emails relating to former Secretary of State Hillary Clinton’s email case. Comey faces threats and opposition to revealing the news a little over a week before Election Day. According to news reports on Saturday, Oct. 29, 2016, the Justice Department and Attorney General Loretta Lynch was against Comey’s letter and warned him against it. Now the Clinton campaign is struggling to survive the devastating blow so close the election with the only way they know to attack the FBI director and dismiss it all yet again.

An anonymous government source revealed that Lynch was against Comey interfering in the presidential race. The source explained, “The AG’s position is consistent with the department’s position not to take investigative steps that would influence an election so close to an election and to not comment on ongoing investigations. Director Comey decided to operate independently of that guidance by sending that letter to the Hill.”

Lynch did not speak directly to Comey on the issue but staying out of the election, has long been the silent policy for federal officials. The source said, “The position of the department was made clear to the FBI.” In 2012, former Attorney General Eric Holder issued a memo on the practice, writing, “Law enforcement officers and prosecutors may never select the timing of investigative steps or criminal charges for the purpose of affecting any election, or for the purpose of giving an advantage or disadvantage to any candidate or political party. Such a purpose is inconsistent with the Department’s mission and with the Principles of Federal Prosecution.” Such a memo reeks of politics and a desire of ambition above the good of the nation.

Comey knew his letter, and the developments would be unpopular and misunderstood, but he believed it was necessary to make them public. The FBI director wrote a note to his staffers before sending the letter to Congress, explaining his motives, “Of course, we don’t ordinarily tell Congress about ongoing investigations, but here I feel I also think it would be misleading to the American people were we not to supplement the record.” The FBI is supposed to a politically independent agency. Comey only discovered news of the emails on Thursday, Oct. 27, while FBI agents knew about them since early October keeping them from their director and possibly influencing the presidential campaign.

Comey’s sending the letter of Congressional Committee Chairmen has rocked the 2016 presidential campaign and has become “the October Surprise” in what was already a rollercoaster of a campaign ride. Republican nominee Donald Trump has praised Comey profusely and Democrats mostly nominee Clinton’s campaign staff have criticized the FBI director. Both sides have been demanding that Comey provides more details about the investigation and the possible content of the emails. Comey keeps his hand close and will probably not reveal more details publicly until he is certain of the probe’s direction.

On Friday, Oct. 26, hours after the news broke; Clinton spoke to reporters during her campaign stop in Des Moines, Iowa. Clinton demanded, “We are 11 days out from perhaps the most important election of our lifetimes…. So the American people deserve to get the full and complete facts immediately.” Clinton was also insistent selling the line; the new emails “will not change the conclusion.” On Saturday, Clinton continued her criticism during a campaign rally in Daytona Beach, Fla. Clinton accused, “It’s pretty strange to put something like that out with such little information right before an election. In fact, it’s not just strange, it’s unprecedented and it is deeply troubling.”

Clinton’s running mate Virginia Senator Tim Kaine also slammed Comey’s lettersaying interview on Friday with Vice News. Kaine echoed his running mate, saying, “When you do this 11 days before a presidential election and you don’t provide many details, but details are apparently being given by the FBI to the press, this is very, very troubling, and we hope that the director- and we really think that he should give a clearer accounting of exactly whats going on right now.”

Meanwhile, Sen. Dianne Feinstein (D-Calif.), “the ranking Democrat on the Senate Intelligence Committee” was furious at Comey sending the letter so late in the campaign. Feinstein issued a statement on Friday, attacking the director, “The FBI has a history of extreme caution near election day so as not to influence the results. Today’s break from that tradition is appalling.”

The news initially paralyzed Clinton’s campaign on Friday. On Saturday, the Clinton campaign seemed set to be at war and attack the FBI director for his decision. According to CNN, campaign officials were critical calling Comey’s letter “light on facts” and “heavy on innuendo.” Clinton campaign chairman John Podesta “accused” Comey of not being “forthcoming with the facts,” and “providing selective information.” Writing on Medium on Saturday, Podesta also expressed that the FBI Director’s decision was “bewildering” and “unfair to voters.”

Campaign manager Robby Mook had harsher words for the FBI director, saying “The Justice Department’s longstanding practice is: Don’t do anything seen as trying to influence an election. It’s completely unfair to Secretary Clinton and it’s really unfair to the voters.” The Clinton camp intends to attack Comey for being a Republican, praise the FBI’s professionalism and tout the director’s decision in July not to recommend criminal charges against Clinton and his subsequent testimony to Congress in September in an attempt to downplay the disastrous news.

What is uncertain is how the news will affect long-time Clinton aide Huma Abedin’s role in the campaign. After all, her and her husband’s disgraced Congressman Anthony Weiner’s devices that had the emails in question. The federal investigation into her husband sending sexually explicit text messages to a 15-year-old girl prompted the investigation and led to the discovery.

Trump has long said Abedin’s marriage to Weiner was a liability to Clinton, even now, as they are separated. Trump commented at a campaign stop on Saturday in Golden, Colorado questioning, “Huma’s been a problem. I wonder if Huma’s going to stay there. I hope they haven’t given Huma immunity because it seemed that everybody that walked down the sidewalk got immunity. She knows the real story. She knows what’s going on.” Abedin was noticeably absent on Saturday as Clinton campaign in the battleground state of Florida.

The information the FBI discovered must have been damaging or Comey would not have broken ranks. No matter the content the fact that former disgraced Congressman Anthony Weiner had access on his computer to any State Department emails, documents or work product is in itself troubling and demonstrates a risk to national security, something Trump has long warned the public concerning.

An anonymous official told the Los Angeles Times, the emails were not to or from Clinton and some might be repetitive, while Fox News reported that the FBI found tens of thousands State Department emails on Weiner’s computer. Comey felt the public needed to know all the facts before voting; it would have irresponsible to hide the facts. Should the information be damaging, the nation cannot face the divisiveness of another Watergate scandal, when terrorism threatens the country and the world, Comey did not want to be responsible for that.

The Clintons repeated scandals and the changing stories around her email server and handling of classified information made the new development all the more necessary to share to the electorate for them to make the most informed decision as possible, even if the Democrats, Clinton campaign, and Obama Administration do not like it. Throughout their national public life, the Clintons have a had a steady stream of scandals, blaming them on their opponents, repeatedly calling them unfair attacks, dismissing them as reasons why they should continue to go on without lasting consequences. Their entitlement has gone too far and too long as the nation and voters continually give them a free pass. National security in a dangerous era is on the line now, it is the FBI’s duty to above all else to “protect and defend” the country and “uphold criminal laws,” the nation needs to know if a potential president is deserving and abiding by the rules.

Former assistant FBI director James Kallstrom has come out to deride the Clintons’ repeated scandals in a recent radio interview calling the Democratic nominee a “pathological liar.” Kallstrom agrees with Comey’s decision to send the letter, saying, “The Clintons, that’s a crime family, basically. It’s like organized crime. I mean the Clinton Foundation is a cesspool.” Kallstrom says FBI officials were angry at the original investigation, which was essentially stifled by the White House. Kallstrom fervently believes Clinton’s action should prevent her from the presidency, expressing, “God forbid we put someone like that in the White House.”

As the nation’s highest law enforcement agent, Comey felt that his duty to his country superseded politics or the desire of President Barack Obama to secure his legacy. The Clinton’s campaign attacks on Comey show a lack of respect to law enforcement, proving that for the Clintons’ no matter what they say public service is not about the public but what is best for their ambitions. No matter who wins the election, the public should applaud and revere Comey’s decision to place the country’s safety before politics; his decision to rise above it all is the ideal of what law enforcement is all about.

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FBI is reopening Clinton email investigation is it the October Surprise of 2016?

By Bonnie K. Goodman

Democratic presidential nominee Hillary Clinton chats with her staff, including aide Huma Abedin (L), onboard her plane in White Plains, New York, October 22, 2016, on her way to a campaign event in Pittsburgh, Pennsylvania. / AFP / Robyn Beck (Photo credit should read ROBYN BECK/AFP/Getty Images)
Democratic presidential nominee Hillary Clinton chats with her staff, including aide Huma Abedin (L), onboard her plane in White Plains, New York, October 22, 2016, on her way to a campaign event in Pittsburgh, Pennsylvania. / AFP / Robyn Beck (Photo credit should read ROBYN BECK/AFP/Getty Images)
Democratic nominee Hillary Clinton’s email scandal is the gift the keeps on giving. Just over a week before the election on Friday, Oct. 28, 2016, the FBI reopened their investigation into Clinton’s private server after finding new relevant emails. Chairman of the Oversight & Government Reform Committee Rep. Jason Chaffetz (R-Utah) was the first to announce the reopening of the investigation after receiving a letter from FBI Director James B. Comey. NBC News became the first news source to report on the investigation. The news media is hailing the turn of the events the October Surprise of 2016.

On Friday morning, Oct. 28 Rep. Jason Chaffetz (R-Utah) tweeted: “FBI Dir just informed me, ‘The FBI has learned of the existence of emails that appear to be pertinent to the investigation.’ Case reopened.” Chaffetz announced the news after FBI Director Comey sent a letter to eight Congressional chairmen including Chaffetz informing them of their decision to reopen the case.

In the letter, Comey writes, “In connection with an unrelated case, the FBI has learned of the existence of emails that appear pertinent to the investigation. I am writing to inform you that the investigative team briefed me on this yesterday, and I agreed that the FBI should take appropriate investigative steps designed to allow investigators to review these emails to determine whether they contain classified information, as well as to assess their importance to our investigation.”

According to the Associated Press, the new emails were not sent or received from the private email server Clinton used during her tenure as Secretary of State. According to the New York Times, the emails came from the electronic devices from Clinton’s most trusted aide, Huma Abedin owned by her and soon to be ex-husband Anthony Weiner. The emails were found during an investigation into Weiner, a former Congressman over allegations that he had a sexual relationship with a 15-year-old girl by sending “sexually explicit text messages.”

The FBI quickly seized the devices and after being briefed Comey decided to reopen his investigation into Clinton’s emails as Secretary of State. However, Comey would not indicate how long the renewed investigation would last as he reported to the Congressional chairmen. Comey concluded in the letter, “Although the FBI cannot yet assess whether or not this material may be significant, and I cannot predict how long it will take us to complete this additional work, I believe it is important to update your Committees about our efforts in light of my previous testimony.”

Republican nominee Donald Trump was quick to seize on the news what could be his best opportunity to capture the White House. Trump commented on the new development during his rally in Manchester, N.H. announcing the news to his supporters. Trump expressed, “This is bigger than Watergate” and admitted the system “might not be as rigged as I thought.”

The GOP nominee declared, “Hillary Clinton’s corruption is on a scale we have never seen before. We must not let her take her criminal scheme into office. I have great respect for the FBI and Department of Justice are now willing to have the courage to right the horrible mistake they made.” As Trump was speaking his supporters went wild chanting “lock her up.” Trump’s campaign manager Kellyanne Conway was equally enthused about the development, writing on Twitter, “A great day in our campaign just got even better.”

Chairman of the Republican National Committee Reince Priebus also issued a statement praising the decision. Priebus said, “The F.B.I.’s decision to reopen their criminal investigation into Hillary Clinton’s secret email server just 11 days before the election shows how serious this discovery must be. This stunning development raises serious questions about what records may not have been turned over and why, and whether they show intent to violate the law.”

Speaker Paul Ryan (R-Wis.) called for the Director of Intelligence to cease allowing Clinton receive the national security briefing nominees receive. In his statement, Ryan said, “Yet again, Hillary Clinton has nobody but herself to blame. She was entrusted with some of our nation’s most important secrets, and she betrayed that trust by carelessly mishandling highly classified information.” Continuing the Speaker demanded, “This decision, long overdue, is the result of her reckless use of a private email server, and her refusal to be forthcoming with federal investigators. I renew my call for the Director of National Intelligence to suspend all classified briefings for Secretary Clinton until this matter is fully resolved.”

Meanwhile, Clinton Campaign Chairman John Podesta responded demanding that the FBI to release details of the investigation. “The Director owes it to the American people to immediately provide the full details of what he is now examining. We are confident this will not produce any conclusions different from the one the FBI reached in July.”

Both Trump and the Republicans have longed criticized the FBI and Comey for deciding not to prosecute Clinton for endangering national security by using a private email server as Secretary of State. In July, Comey announced his decision not to prosecute Clinton after a lengthy FBI investigation. Comey said on July 5, “Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case.” Although Comey expressed, the FBI could not “find a case that would support bringing criminal charges on these facts,” he called Clinton’s handling of her emails “extremely careless.” Clinton has always dismissed the issue as merely a “mistake” of judgment.

The news could not come at a better time for Trump’s campaign. After being on the defensive for nearly a month after the release of a 2005 tape where the GOP nominee bragged about being able to grope women as he liked because of his celebrity status, and then 12 accusations from women that he made inappropriate sexual advances, Trump now can go on the offensive. The GOP nominee has longed railed about “crooked Hillary” now he might have some basis.

Clinton’s poll numbers surged with Trump’s scandals, but as WikiLeaks released her campaign chairman John Podesta emails depicting the unflattering inner workings of her campaign and news that her husband Bill Clinton explicitly blurred the lines with his Clinton Foundation, Clinton’s poll numbers have fallen. The poll numbers already showed Trump still had a possible path to the White House, now the FBI may have tipped the campaign in his favor.

The public and news media went into a frenzy on social media over the new development, as everyone believed Clinton had the election locked up and the only issue was her margin of victory. Clinton’s campaign worried of complacency; they were right. In an election so unpredictable there was bound to be a game-changing October Surprise, there was none until now. The reopened investigation might just change the whole outcome of the nastiest election in American history.

The full text of FBI Director James Comey’s letter:

In previous congressional testimony, I referred to the fact that the Federal Bureau of Investigation (FBI) had completed its investigation of former Secretary Clinton’s personal email server. I am writing to supplement my previous testimony.

In connection with an unrelated case, the FBI has learned of the existence of emails that appear to be pertinent to the investigation. I am writing to inform you that the investigative team briefed me on this yesterday, and I agree that the FBI should take appropriate investigative steps designed to allow investigators to review these emails to determine whether the contain classified information, as well as to assess their importance to our investigation.

Although the FBI cannot yet assess whether or not this material may be significant, and I cannot predict how long it will take us to complete the additional work, I believe it is important to update your Committees about our efforts in light of my previous testimony.

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State Department tried to convince FBI during investigation to declassify emails

By Bonnie K. Goodman

LAS VEGAS, NV – OCTOBER 12: Democratic presidential nominee Hillary Clinton speaks during a campaign rally at The Smith Center for the Performing Arts on October 12, 2016 in Las Vegas, Nevada. Clinton, who will return to Las Vegas for the final presidential debate on October 19, continues to campaign against her Republican opponent Donald Trump with less than one month to go before Election Day. (Photo by Ethan Miller/Getty Images)

The FBI released 100 more pages of the investigation into Democratic nominee and former Secretary of State Hillary Clinton’s private server and it shows the State Department may have tried to influence the FBI to declassify an email. The FBI released the new pages on Monday, Oct. 17, 2016, as per a Freedom of Information Act (FOIA) by the Congressional Republicans. The new documents include 302s, notes and summaries of the interviews the FBI conducted with State Department employees, contractors, and Clinton aides. Among the most glaring discoveries is one high ranking staffer tried to influence the FBI to declassify an email in exchange for a favor, prompting outcries of a “quid-pro-quo.”

The documents show that Undersecretary of State for Management Patrick Kennedy repeatedly tried to force an FBI official from the International Operations Division (IOD) to declassify an email from Clinton’s private server only because it “caused problems.” The interview notes reveal, “Not yet knowing the email’s content, [the FBI official] told Kennedy he would look into the email in question if Kennedy would provide authority concerning the FBI’s request to increase its personnel in Iraq.”

One person interviewed felt “pressured” by the FBI to comply with Kennedy’s request. The interviews present contradictory evidence as to who requested the quid-pro-quo. One interviewee claimed the State Department offered it in exchange for helping the FBI “overseas in sensitive areas.” While, another said the FBI official was willing to do so if a “personal request in Iraq” was fulfilled.

One interviewee recounted that during a State Department meeting with government agencies, he responded about classified emails that went through Clinton’s server with a “well, we’ll see.” Later the interviewee saw Kennedy with FBI official recounting, “Kennedy spent the next 15 minutes debating the classification for the email and attempting to influence the FBI official to change its markings.” The State Department’s reasons were politically motivated as to help Clinton in her run for the presidency.

Despite Kennedy repeated pleadings, after consulting with the Counterterrorism Division, the FBI official decided to keep the email classified saying “there was no way” to declassify it. Kennedy would not back down and decided to go the head of the Counterterrorism Division, Michael Steinbach where he “pleaded” that the email remains unclassified. The notes say, “Steinbach refused to do so.”

The email in question was from Nov. 18, 2016, concerning “possible arrests” in the Benghazi, Libya terror attacks. The email was one of the first released by the State Department in May 2015, although it was heavily redacted. The FBI kept the email classified, and the statement did not increase FBI personnel in Iraq.

Both the FBI and State Department are vehemently denying the allegations. State Department Deputy Spokesperson Mark Toner commented on Monday, “Classification is an art, not a science, and individuals with classification authority sometimes have different views,” Toner said. “There can be applicable FOIA exemptions that are based on both classified and unclassified rules. … We have been committed to releasing as much information to the public as possible, and ensuring that documents are withheld due to classification only when necessary to prevent damage to national security — as the Executive Order on classification calls for.”

The FBI released their statement to deny the accusations. The statement read: “The FBI determined that one such email was classified at the Secret level. A senior State Department official requested the FBI re-review that email to determine whether it was in fact classified or whether it might be protected from release under a different FOIA exemption. A now-retired FBI official, who was not part of the subsequent Clinton investigation, told the State Department official that they would look into the matter. Having been previously unsuccessful in attempts to speak with the senior State official, during the same conversation, the FBI official asked the State Department official if they would address a pending, unaddressed FBI request for space for additional FBI employees assigned abroad.”

Despite the denials coming from the FBI, State Department and Obama Administration, Republicans do not believe a word. Republican National Committee (RNC) Chairman Reince Priebus commented Monday in a statement. Priebus said, “It is deeply troubling that a top State Department official close to Hillary Clinton offered the FBI a ‘quid pro quo’ to hide the full extent to which she mishandled classified information. The more documents that come out, the more we learn Hillary Clinton cannot be trusted with a job that is supposed to begin each day with a classified intelligence briefing.”

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Trump calls for independent special prosecutor to investigate Clinton emails

By Bonnie K. Goodman
With new discoveries in Democratic nominee Hillary Clinton’s never-ending email scandal, Republican nominee Donald Trump is going on “the offense.” On Monday, Aug. 22, 2016, Trump called for the appointment of an independent special prosecutor to investigate Clinton at a rally at the University of Akron, Akron, Ohio.

Trump made his call after a federal court ordered the State Department to release an additional 15,000 emails from Clinton’s tenure that the FBI uncovered during their investigation. Republicans are still angry that the FBI decided against recommending that the Justice Department file criminal charges against Clinton for mishandling classified information by using a private email server during her tenure. Instead, the FBI just criticized Clinton recommending a possible administrative punishment at most.

Speaking to an excited crowd of supporters, Trump accused Clinton of “criminal” behavior without receiving punishment. The GOP commented, “No issue better illustrates how corrupt my opponent is than her pay for play scandals as secretary of state. I’ve become increasingly shocked by the vast scope of Hillary Clinton’s criminality. It’s criminality. Everybody knows it.”

Trump indicated the FBI and DOJ could not be trusted when it comes to Clinton. Trump expressed, “The amounts involved, the favors done and the significant numbers of times it was done require an expedited investigation by a special prosecutor immediately, immediately, immediately.”

Continuing, Trump said, “After the FBI and Department of Justice whitewashed Hillary Clinton’s email crimes, they certainly cannot be trusted to quickly or impartially investigate Hillary Clinton’s new crimes, which happen all the time.”

The GOP nominee challenged that an independent prosecutor be appointed to investigate Clinton’s actions. Trump said, “The Justice Department is required to appoint an independent Special Prosecutor because it has proven itself to be really, sadly a political arm of the White House.”

Trump has often attacked Clinton over her honesty, her use of a private server and her husband former President Bill Clinton’s foundation’s preferential treatment of its donors during her time at the State Department. Trump brought up the last time the Clintons faced an independent prosecutor in 1990s during the first Clinton administration. Then the Whitewater scandal was an investigation over a real estate investment while Bill Clinton was the Governor of Arkansas.

The crowd agreed with Trump chanting “Lock Her Up” interrupting the GOP nominee’s speech. Trump pointed out that former Secretary of State Clinton’s “actions corrupted and disgraced one of the most important Departments of government.” Continuing Trump compared the two scandals, saying, “The Clintons made the State Department into the same kind of Pay-to-Play operation as the Arkansas Government was.”

Trump accused Clinton of corruption and even racketeering for giving preferential treatment to Clinton Foundation donors especially foreign donors. Trump called on voters to reject Clinton, who he believes represents the epitome of the Washington establishment insider catering to special interests. Trump promised, “We are going to take government away from the special interests that give her tens of millions of dollars so that she can broadcast absolutely phony ads about me and we’re going to give it back to the voters.”

The GOP nominee also vowed to win the election, saying, “Come November 8th, we are once again going to have a government that serves you and your family and your country, not the special interests, the donors and the lobbyists.” Still, Trump again warned his supporters that Clinton might rig the election, telling supporters, “When I say ‘watch,’ you know what I’m talking about.”

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The FBI handed over nearly 15,000 additional emails from Democratic nominee Hillary Clinton’s tenure as Secretary of State. On Monday, Aug. 22, 2016, the State Department confirmed it received 14,900 newly discovered emails from the FBI after a court hearing ordered the State Department to release the emails by Sept. 23.

The FBI uncovered the emails which are either two and from Clinton during their investigation as to whether the former Secretary of State risked national security by sending or receiving classified emails on her private email server. The emails are in addition to the about 30,000 Clinton handed over back in December 2014 and have since been released publicly.

In July, FBI Director James Comey explained that the emails were uncovered during their investigation into Clinton’s conduct as Secretary of State. Comey indicated, “We found those additional emails in a variety of ways. Some had been deleted over the years, and we found traces of them on devices that supported or were connected to the private e-mail domain. Others we found by reviewing the archived government e-mail accounts of people who had been government employees at the same time as Secretary Clinton … Still others we recovered from the laborious review of the millions of email fragments dumped into the slack space of the server decommissioned in 2013.”

State Department spokesman Mark Toner issued a statement about the newly discovered emails and eventual release. Toner pointed out, “As we have previously explained, the State Department voluntarily agreed to produce to Judicial Watch any emails sent or received by Secretary Clinton in her official capacity during her tenure as secretary of state which are contained within the material turned over by the FBI and which were not already processed for FOIA by the State Department. We can confirm that the FBI material includes tens of thousands of nonrecord (meaning personal) and record materials that will have to be carefully appraised at State.”

Last week, the State Department announced they would release the emails the FBI discovered but did not indicate how many emails were found. There was a status hearing on the emails release on Monday, there U.S. District Judge James Boasberg is presiding over the case. The State Department has to release the emails as part of Conservative watchdog group Judicial Watch Freedom of Information Act lawsuit against the State Department.

Judge Boasberg vetoed the release schedule for the emails that the State Department presented. The Department wanted to protect Clinton and her lead in the presidential race and release them the second week in October. Instead, Judge Boasberg ordered one batch to be released on Sept. 23 and to return to court for another status hearing the same day.

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FBI hands Congress over Clinton interview notes investigation report

By Bonnie K. Goodman

The FBI handed over its report on their decision not to recommend criminal charges for former Secretary of State Hillary Clinton over her private email server to Congress. The FBI sent the classified report originally for the Department of Justice and interview memos, called 302s to the House Oversight Committee on Tuesday, Aug. 16, 2016, following through on their request. The House is also is also request the DOJ file charges because Clinton perjured herself in her sworn testimony to the House’s Benghazi committee.

FBI Acting Assistant Director Jason V. Herring included a letter to “House Oversight Committee Chairman Rep. Jason Chaffetz” and “ranking Democratic member, Maryland Rep. Elijah Cummings” re-explaining the bureau’s decision not to charge Clinton. Herring wrote, “The FBI conducted this investigation, as it does all investigations, in a competent, honest and independent way. As the director stated, the FBI did find evidence that Secretary Clinton and her colleagues were extremely careless in their handling of certain, very sensitive, highly classified information.”

Continuing Herring clarified, “The term ‘extremely careless’ was intended to be a common sense way of describing the actions of Secretary Clinton and her colleagues. The director did not equate ‘extreme carelessness’ with the legal standard of ‘gross negligence’ that is required by the statute. In this case, the FBI assessed that the facts did not support a recommendation to prosecute her or others within the scope of the investigation for gross negligence.” Herring also suggested that usually what Clinton would be subject to is “severe administrative consequences.”

Among the documents, the FBI handed over was the summary of Clinton’s three and a half hour interview with the bureau that took place last month. FBI Director James Comey promised the reports and memos when he testified on July 7 before the House Oversight panel, saying he would do “everything I can possibly give you under the law and to doing it as quickly as possible.”

The documents are considered classified and will never be made public. Republicans are trying to keep Clinton’s email scandal in the limelight the election, hoping it can damage her bid for the presidency despite leading Republican Donald Trump in the polls. The FBI issued a statement warning that the information should not be made public, writing, “The material contains classified and other sensitive information and is being provided with the expectation it will not be disseminated or disclosed without FBI concurrence.”

Senate Judiciary Chairman Chuck Grassley (R-Iowa) issued a statement, however, arguing the documents should be made available to the public. Grassley wrote, “On initial review, it seems that much of the material given to the Senate today, other than copies of the large number of emails on Secretary Clinton’s server containing classified information, is marked ‘unclassified/for official use.’ The FBI should make as much of the material available as possible. The public’s business ought to be public, with few exceptions. The people’s interest would be served in seeing the documents that are unclassified. The FBI has made public statements in describing its handling of the case, so sharing documents in support of those statements wherever appropriate would make sense.”
Clinton campaign responded with a statement, “This is an extraordinarily rare step that was sought solely by Republicans for the purposes of further second-guessing the career professionals at the FBI. We believe that if these materials are going to be shared outside the Justice Department, they should be released widely so that the public can see them for themselves, rather than allow Republicans to mischaracterize them through selective, partisan leaks.”

The spokesperson for the House Oversight Committee confirmed receipt in a statement, “The FBI has turned over a ‘number of documents’ related to their investigation of former Secretary Clinton’s use of a personal email server. Committee staff is currently reviewing the information that is classified SECRET. There are no further details at this time.”

Congressional Republican are looking to make sure Clinton pays as CNN pointed out a “political price” for her actions during her tenure at the State Department since the FBI did not recommend criminal charges. Reps. Jason Chaffetz, R-Utah, and Bob Goodlatte, R-Virginia sent a letter to the Department of Justice asking the DOJ to charge Clinton with perjury claiming she perjured herself during her testimony to the House’s Benghazi committee.

Republicans are accusing Clinton of lying four times in her testimony to the committee saying what she said countered what she told the FBI. In the letter, Chaffetz and Goodlatte wrote, “The evidence collected by the (FBI) during its investigation of Secretary Clinton’s use of a personal email system during her time as secretary of state appears to directly contradict several aspects of her sworn testimony.”

On Monday, Aug. 15, 35 Republicans led by Rep. Tom Marino (R-Pa.) called on Comey to release Clinton’s interview notes because they believe she perjured herself. Tuesday morning before the documents were handed over Marino appeared on Fox News where he said about Clinton, “That she lied under oath to Congress when she came into testify. And if she lied, she perjured herself. She lied to Congress, therefore she can be prosecuted and spend as long as 10 years in prison for doing that. The director of the FBI, the Justice Department, in my opinion, they’re taking direction from the White House saying, ‘Do nothing about this.'”

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New Clinton emails released show connection between Foundation and State Dept

By Bonnie K. Goodman

Democratic nominee Hillary Clinton’s email scandal is not over yet. Conservative watchdog group Judicial Watch released on Wednesday, Aug. 10, 2016, more emails from Clinton’s tenure as Secretary of State. The 296 pages of emails include 44 emails Clinton did not give the State Department when she handed over the 55,000 pages of work-related emails in December 2014. The emails show a connection between the State Department and former President Bill Clinton’s foundation during his wife’s tenure.

In 2015, Judicial Watch sued the State Department to release Deputy Chief of Staff and longtime Clinton aide Huma Abedin’s emails from Clinton’s tenure. The emails were not directly to or from Clinton but are related more important they shed light on possible impropriety and abuse of power during Clinton’s time as Secretary of State. When Clinton took on the post, she promised that there would be no connection between the Clinton Foundation and the State Department but the emails prove otherwise.

There is three particularly eye-raising emails. The first email dated April 22, 2009, was by Doug Band, a longtime Bill Clinton aide who is an official at the foundation to Abedin. In that email, Band asked Abedin to find a State Department job for an associate, who name was withheld. The email was from Band to Abedin, Clinton’s former Chief of Staff Cheryl Mills and aide Nora Toiv. Band wrote, “It’s important to take care of [redacted],” to which Abedin answered, “Personnel has been sending him options.”

In another email from Band made a request to Abedin and Mills about a Lebanese-Nigerian billionaire, who was a Clinton Foundation Donor. In that 2009 email Band wanted them to connect the donor to the State Department and according to ABC News, “introduce the donor to former U.S. Ambassador to Lebanon Jeffrey Feltman.” Band wrote, “We need Gilbert Chagoury to speak to the substance person re Lebanon. As you know, he’s a key guy there and to us and is loved in Lebanon. Very imp.” Abedin responded, “It’s Jeff Feltman. I’m sure he knows him. I’ll talk to Jeff.”

A third email proved how much Clinton and her aides were trying to cover-up that fact that she was using a private email server. In the email, Mills falsely responded to a freedom of information request that asked for all of Clinton State Department email accounts in that response Mills said there were no accounts obviously ignoring the private email account Clinton regularly used.

Judicial Watch President Tom Filton issued a press release along with the emails being made public. Filton wrote, “No wonder Hillary Clinton and Huma Abedin hid emails from the American people, the courts, and Congress. They show the Clinton Foundation, Clinton donors, and operatives worked with Hillary Clinton in potential violation of the law.”

State Department spokesperson Elizabeth Trudeau responded defending Clinton, “We feel confident that all the rules were followed.” Trudeau also said, “State Department officials are regularly in touch with a range of outside individuals and organizations including non-profits, NGOs, think tanks, and others.”

Clinton’s campaign also implied there was no wrongdoing. Clinton campaign spokesman Josh Schwerin issued a statement, writing, “Neither of these emails involve the secretary or relate to the foundation’s work. They are communications between her aides and the president’s personal aide, and indeed the recommendation was for one of the secretary’s former staffers who was not employed by the foundation.”

Continuing Clinton’s favorite right wing conspiracy against her and her husband, her campaign blamed Judicial Watch. Schwerin wrote, “The right-wing organization behind this lawsuit has been attacking the Clintons since the 1990s, and no matter how this group tries to mischaracterize these documents, the fact remains that Hillary Clinton never took action as secretary of state because of donations to the Clinton Foundation.”

Clinton’s opponent Republican nominee Donald Trump and his campaign had a field day with the new emails. Trump’s national policy director Stephen Miller commented, “This is yet more evidence that Hillary Clinton lacks the judgment, character, stability and temperament to be within 1,000 miles of public power.”

Continuing Miller said, “She views public office as nothing more than a means to personal enrichment — and every dollar she takes comes at the expense of the public welfare. This latest finding is an unseemly, disturbing window into a corrupt office, and yet more evidence that Hillary Clinton has been lying from the beginning — and by any reasonable definition attempted to obstruct the investigation of the FBI.”

Personally, Trump tweeted, “When is the media going to talk about Hillary’s policies that have gotten people killed, like Libya, open borders, and maybe her emails?” At a Tuesday rally in Abingdon, Virginia, Trump also attacked “Crooked Hillary Clinton” about the emails. Trump pointed out, “A couple of very bad ones came out, and it’s called pay for play. And some of these were really, really bad and illegal. If it’s true, it’s illegal. You’re paying and you’re getting things.”

Republican National Committee Chairman Reince Priebus also issued a statement, saying, “Anything less than a full release of these public records before voting begins will only further prove that we have a rigged system that has one set of rules political elites and another for everyone else.”

The FBI supposedly contacted the State Department about a connection between the department and the foundation earlier in the year, but the FBI and its director James Comey denied there was or is any investigation. The State Department OIG is also looking into to seeing if there was any conflict that has to be dealt with an “administrative remedy.”

Although their implication in the emails there is still no concrete proof, that Clinton explicitly abused her power at the State Department. CNN indicated, “For there to be criminal conflict of interest there would have to be evidence showing a government employee received something of value in exchange, such as a job post-employment or money.”

Even if Clinton’s activities were not illegal, she at the very least had a conflict of interest and crossed an official line. Clinton’s whole time at the State Department pushed boundaries and verged on abuse of power. The problem is throughout the campaign; the media is more interested in Trump’s missteps than Clinton’s wrongdoings.

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Trump criticizes Clinton’s mental state says she short circuited

By Bonnie K. Goodman

After a disastrous and controversial week, Republican nominee Donald Trump decided to play it safe and criticize his opponent Democratic nominee Hillary Clinton at a rally he held in Windham, New Hampshire Saturday evening, Aug. 6, 2016, and on Twitter. Trump questioned Clinton’s mental state and claims she is unfit for the presidency, saying she “short-circuited” on her email server and she is “brainwashed.”

Trump first criticized Clinton for being “short circuited” in a series of posts on Twitter on Saturday morning. Trump went after Clinton’s responses in an interview with Fox News’ Chris Wallace about the private email server shed used during her tenure as Secretary of State. The Democratic nominee tried to spin why she stated in a recent that FBI Director James Comey said she was “truthful” and “consistent” about her server when he did not and criticized her for the server. Trump responded on Twitter in his first comment of the day, “Hillary Clinton is being badly criticized for her poor performance in answering questions. Let us all see what happens!”

Trump used Clinton’s own words against her, writing, “Crooked Hillary said loudly, and for the world to see, that she “SHORT CIRCUITED” when answering a question about her e-mails. Very dangerous!” Then Trump continued writing, “Anybody whose mind “SHORT CIRCUITS” is not fit to be our president! Look up the word “BRAINWASHED.”

Later at a rally in a New Hampshire high school gym Trump continued his attacks about Clinton being unfit for the presidency. Earlier in the week, President Barack Obama said the same Clinton also had made the same accusation about Trump. Trump told supporters, “She short-circuited, she used the term ‘short-circuited.’ She took a little short circuit in the brain.”

Continuing Trump said, “She’s got problems, I mean, if we had real people, this would be a real problem for her, but I think that the people of this country don’t want somebody that’s going to short circuit up here.” Trump also questioned Clinton’s mental state, “Honestly I don’t think she’s all there,” and using a page from Jeb Bush playbook; Trump called Clinton “totally unhinged.”

After a week of missteps, Trump has turned his focus and his comments at attacking his opponent particularly her mental state. On Friday, August 5, Trump called Clinton a “monster” and “unstable” at a rally in Des Moines, Iowa. Trump said, “Unstable Hillary Clinton, lacks the judgment, temperament and moral character to lead this country – and I believe that so strongly.” Continuing his attacks on her state of mind to run the country, the GOP nominee accused, “She’s really pretty close to unhinged, and you’ve seen, you’ve seen it a couple times. The people in the background know it, the people who know her know it and she’s like an unbalanced person.”

Trump is not only depicting Clinton as mentally unstable but also weak, pointing to her disastrous legacy as Secretary of State. At the Des Moines rally, Trump indicated, “The legacy of Hillary Clinton: death, destruction, chaos, and weakness. She’s weak. She’s a weak person. I know her. She’s a weak person.” Later on Friday, Trump further expressed that Clinton is unfit for the presidency at a rally in Green Bay, Wisconsin. Trump told his supporters, “In one way, she’s a monster. In another way, she’s a weak person. She’s actually not strong enough to be president.”

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Majority of Americans disapprove of the FBI deciding to charge Clinton over email server

By Bonnie K. Goodman

American voters agree with Republicans that the FBI should have charged former Secretary of State and presumptive Democratic nominee Hillary Clinton for using her private server and mishandling classified information during her tenure. A new ABC News/Washington Post poll published on Monday, July 11, 2016, shows that a majority of Americans disagree with the FBI’s decision. Voters are also worried about how Clinton will deal with the “responsibilities” of the presidency.

According to the poll, 56 percent of Americans disagree with “FBI Director James Comey’s recommendation not to charge Clinton,” while only 35 percent agree with his decision. American even worried about how Clinton would act as president, although 39 percent are not worried about how she would perform as president.

There are partisan divisions over the FBI’s decision, with 90 percent of Republicans objecting to Comey’s decision. Democrats are not too pleased with Clinton’s actions either with 30 percent believing she should have faced charges, while 60 percent agree with the FBI and Attorney General Loretta Lynch closing the case on their presidential nominee.

Although Clinton will not face any criminal charges, 28 percent of Americans are less likely to vote for Clinton in November after the yearlong investigation into her handling of classified information. Last week when Comey announced he would not charge Clinton, he still expressed that she and her aides’ treatment of classified information were “extremely reckless.”

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By Bonnie K. Goodman
FBI Director James Comey appeared in front of a Congressional hearing and defended the agency’s decision not to prosecute former Secretary Hillary Clinton for mishandling classified information. Comey testified on Capitol Hill on Thursday, July 7, 2016, in a hearing conducted by the House Oversight and Government Reform Committee where he was the only witness and lasted four hours.

The hearing focused on whether Clinton lied to the FBI about her handling of classified information during her tenure while using a private email server for official State Department business. Jason Chaffetz, the GOP chairman of the House Oversight and Government Reform Committee was looking to establish that Clinton perjured herself in her previous testimony on her email server for the House Benghazi Committee last year.

Chaffetz pointed out in his opening statement that Clinton was treated differently because she is the Democratic Party’s presumptive nominee. Chaffetz indicated, “We are mystified and confused by the fact pattern that you laid out and the conclusions that you reached.” Continuing Chaffetz said, “It seems to a lot of us that the Average Joe, the average American, that if they had done what you laid out in your statement, that they would be in handcuffs, and they might be on their way to jail. I think there is a legitimate concern that there is a double standard. If your name isn’t Clinton and you are not part of the powerful elite, that Lady Justice will act differently.”

Comey was insistent the FBI’s decision would have been the same for anyone in a similar position. The FBI director adamantly said, “The decision was made, and the recommendation was made the way you would want it to be by people who didn’t give a hoot about politics but who cared about what are the facts, what is the law and how have similar people, all people, been treated in the past.”

The FBI director also clarified the decision not to prosecute was not politically motivated or any coordination with the Obama administration. Comey expressed, “I believe this investigation was conducted consistent with the highest traditions of the FBI. Our folks did it in an apolitical and professional way including our recommendation as to the appropriate resolution of this case.” Comey also told Rep. John Mica (R-Calif.), “I say that under oath, I stand by that. There was no coordination. There was an insinuation in what you were saying that.”

The FBI director, however, admitted Clinton did send three emails with classified information from her private server contradicting her previous testimony to the Benghazi committee and her public statements. Comey, when pressed in the hearing, said, “That is not true. There were a small number of portion markings on, I think, three of the documents.” When he was asked by Rep. Trey Gowdy (R-S.C.), if Clinton previous statement were accurate, that she did not send “any classified material to anyone on my email” and “there is no classified material,” Comey admitted, “There was classified material.”

Democrats and the Clinton campaign dismissed the GOP latest attack on their nominee. Ranking committee member Rep. Elijah Cummings said, “Amazingly, some Republicans who were praising you just days ago for your independence and integrity and honesty instantly turned against you because your recommendation conflicted with the predetermined outcome they wanted.” While Clinton spokesman Brian Fallon tweeted, “House GOP clearly treating FBI Director Comey as a hostile witness #Overreach.”

HEADLINE NEWS

POLITICS

Attorney General Lynch confirms no criminal charges for Clinton over server

By Bonnie K. Goodman

It is now official; former Secretary of State Hillary Clinton will not face any criminal charges for using a private email server during her tenure. U.S. Attorney General Loretta Lynch announced in a statement on Wednesday afternoon, July 7, 2016, that the Justice Department will not be charging Clinton and are now closing their investigation as to if she risked national security with the server. Clinton no longer has to be concerned about criminal ramifications, only political ones.

According to the statement, Lynch said, “Late this afternoon, I met with FBI Director James Comey and career prosecutors and agents who conducted the investigation of Secretary Hillary Clinton’s use of a personal email system during her time as Secretary of State. I received and accepted their unanimous recommendation that the thorough, year-long investigation be closed and that no charges be brought against any individuals within the scope of the investigation.”

Lynch’s statement comes only a day after FBI Director James B. Comey announced a press conference that the FBI would not be prosecuting former Secretary of State Hillary Clinton, although he called her actions “extremely careless.” Lynch just expressed this past weekend that she would follow the FBI’s recommendation. The Republicans have been outraged at the FBI’s decision and the GOP House of Representatives have commenced hearings.

Clinton’s campaign was pleased with Lynch’s announcement. Clinton campaign spokesman Brian Fallon tweeted a response, “With the AG accepting Director Comey’s recommendation, this case is resolved, no matter Republicans’ attempts to continue playing politics.” Lynch has been under fire since meeting with former President Bill Clinton at a Phoenix airport while Clinton was still under investigation, although she claimed their conversation was strictly personal.

HEADLINE NEWS

POLITICS

McConnell wants the FBI to release Clinton’s interview

By Bonnie K. Goodman

A day after FBI Director James B. Comey announced that the FBI would not be prosecuting former Secretary of State Hillary Clinton, Senate Majority Leader Mitch McConnell is calling for the FBI to release Clinton’s interview. On Wednesday, July 7, 2016, McConnell joined Republican leaders’ chorus criticizing the FBI for deciding not to prosecute Clinton for using a private email server during her tenure and risking national security.

McConnell requested the FBI release Clinton’s interview transcript during his weekly press briefing. The majority leader said, “It’s pretty clear … that the American people would like to see what Hillary Clinton said to the FBI.” McConnell and Sen. John Cornyn (R-Texas) believe Clinton might have perjured herself. The FBI conducted the three-hour interview with Clinton on Saturday, July 2.

POLITICAL TRANSCRIPTS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

Transcript Cheryl Mills, Esq.
Date: May 27, 2016
Case: Judicial Watch, Inc. -v- U.S. Department State
Planet Depos, LLC
Phone: 888-433-3767
Fax: 888-503-3767
Email: transcripts@planetdepos.com
Internet: http://www.planetdepos.com
Worldwide Court Reporting Interpretation Trial Services
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT COLUMBIA
————–x
JUDICIAL WATCH, INC.,
Plaintiff, Civil Action No.
U.S. DEPARTMENT STATE, 13-cv-1363(EGS)
Defendant.
————–X
Videotaped Deposition CHERYL MILLS, ESQ.
Washington,
Friday, May 27, 2016
9:25 a.m.
Job No.: 112361
Reported by: Debra Whitehead
APPEARANCES BEHALF PLAINTIFF:
RAMONA COTCA, ESQUIRE
JAMES PETERSON, ESQUIRE
MICHAEL BEKESHA, ESQUIRE
PAUL ORFANEDES, ESQUIRE
JUDICIAL WATCH, INC.
425 Third Street,
Suite 800
Washington, 20024
(202) 646-5172 BEHALF DEFENDANT:
ELIZABETH SHAPIRO, ESQUIRE
MARCIA BERMAN, ESQUIRE
STEVEN MYERS, ESQUIRE
LARA NICOLE BERLIN, ESQUIRE
U.S. DEPARTMENT JUSTICE
CIVIL DIVISION Massachusetts Avenue,
Washington, 20530
(202) 514-2205
Videotaped Deposition CHERYL MILLS, ESQ.,
held the offices of:
PLANET DEPOS
1100 Connecticut Avenue,
Suite 950
Washington, 20036
(888) 433-3767
Pursuant notice, before Debra Whitehead,
Approved Reporter the United States District Court
and Notary Public the District Columbia.
APPEARANCES CONTINUED BEHALF THE WITNESS:
BETH WILKINSON, ESQUIRE
HAL BREWSTER, ESQUIRE
ALEXANDRA WALSH, ESQUIRE
WILKINSON WALSH ESKOVITZ
1900 Street,
Suite 800
Washington, 20036
(202) 847-4000
ALSO PRESENT:
JEREMY DINEEN, Video Specialist
THOMAS FITTON, President, Judicial Watch
GREGORY LAUDADIO, Judicial Watch
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages
CONTENTS
EXAMINATION CHERYL MILLS, ESQ. Ms. Cotca
PAGE Ms. Wilkinson
255 Ms. Berman
262 Ms. Cotca
263
EXHIBITS
(Attached the Transcript)
DEPOSITION EXHIBIT
PAGE
Exhibit Subpoena Testify
Deposition Civil Action
Exhibit E-mail String
Exhibit E-mail String
Exhibit 12/5/14 Letter from Ms. Mills The Honorable Patrick Kennedy
Exhibit E-mail String
Exhibit E-mail Strings
122
Exhibit E-mail Strings
146
Exhibit E-mail Strings
155
Exhibit E-mail Strings
163
Exhibit E-mail String
174
PROCEEDINGS
(Deposition Exhibit marked for
identification and attached the transcript.)
VIDEO SPECIALIST: Here begins Tape Number the videotaped deposition Cheryl Mills
the matter Judicial Watch, Inc., versus the U.S.
Department State, the U.S. District Court for
the District Columbia, Case Number 13-CV-1363.
Todays date May 27, 2016. The time
the video monitor 9:25. The videographer today Jeremy Dineen, representing Planet Depos. This
video deposition taking place Planet Depos,
1100 Connecticut Avenue, Northwest, Washington,
DC.
Would counsel please voice-identify
themselves and state whom they represent.
MS. COTCA: Ramona Cotca, for Judicial
Watch.
MR. ORFANEDES: Paul Orfanedes, for
Judicial Watch.
MR. BEKESHA: Michael Bekesha, for
Judicial Watch.
EXHIBITS CONTINUED
DEPOSITION EXHIBIT
PAGE
Exhibit E-mail Strings
216
Exhibit 1/27/16 Letter from Senator
218
Grassley The Honorable
John Kerry
MR. PETERSON: James Peterson, for
Judicial Watch.
MR. FITTON: Tom Fitton, President
Judicial Watch.
MR. LAUDADIO: Gregory Laudadio, for
Judicial Watch.
MS. BERLIN: Lara Berlin, Department
State.
MR. MYERS: Steven Myers from the Justice
Department, behalf State.
MR. BREWSTER: Hal Brewster, representing
Cheryl Mills.
MS. SHAPIRO: Elizabeth Shapiro, for the
Department State and the witness her capacity former State Department employee.
MS. BERMAN: Marcia Berman, from the
Department Justice, representing the State
Department and Ms. Mills her official capacity former State Department employee.
MS. WALSH: Alexandra Walsh, for Cheryl
Mills.
MS. WILKINSON: Beth Wilkinson, for Cheryl
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 12)
Mills.
THE WITNESS: Cheryl Mills.
VIDEO SPECIALIST: The court reporter
today Debbie Whitehead, representing Planet
Depos.
Would the reporter please swear the
witness.
CHERYL MILLS, ESQ.,
having been duly sworn, testified follows:
EXAMINATION COUNSEL FOR PLAINTIFF MS. COTCA: Good morning, Ms. Mills. Thanks very much
for coming. Thank you. introduced myself, Ramona Cotca,
and represent Judicial Watch this matter.
you could please just for the record identify your
name just one more time? name Cheryl Mills. Okay. Ms. Mills, know youre
attorney, you may very well familiar with
depositions, but just want over some ground you can and and Ill try best so. Thank you. Will you that? (No verbal response.) Okay. may take while. There are
lot attorneys the room. not sure the
other side will have any questions you.
But you need break any point, let know. Well happy Ill happy try
come good stopping point for break. But
well also try have routine breaks, necessary.
Just let know. that fair? Thank you. Sure. you know, youve been sworn in.
You understand that the deposition taken under
oath. are there any reasons why you would
not able answer truthfully here today? Not that know of. Okay. think that covers all the ground
rules. theres anything that comes mind, Ill
rules beforehand. appreciate that. Sure thing. you can see, there court reporter
here, and the deposition being videotaped. can get clear transcript
everything thats being said here, would just
ask well, first, will make sure let you
finish answering questions, let you finish
answering. And then you could just let finish
asking question, dont speak over each
other and have clear transcript. that fair? Sure. Okay. Also, you could please provide
verbal responses rather than head nods that would
helpful for the court reporter well, and for
when ahead and read the transcript after
today.
The other thing would say, there
question that you not understand you need some
clarification, please let know. you not,
will assume that you would have understood it.
let you know. Thank you. Sure. just want briefly over
your youre attorney. you can just tell
briefly your education background, college and law
school. went the University Virginia for
undergraduate, and then for law school went
Stanford University out California. Okay. And when did you graduate from
Virginia, from UVA? have say that? old. graduated from UVA 1987, and
graduated from Stanford Law School 1990. Okay. Great. Thank you. And right out law school, you went law firm. that right? did. went work Hogan Hartson,
which law firm here Washington, DC, though
their name has now changed. Okay. And what did you for them,
practice litigator, which
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 16) represented school districts that were
still seeking implement the promises Brown vs.
The Board Education. Okay. that litigation? was conglomerate activities,
but also included litigation. Okay. And then after that? After that went work the White
House. the in-between period went and worked the Clinton campaign and the transition. And
then went work the White House, and was
the the White House for about seven years. Okay. And when did you start working
the White House? Not specific date, but year-wise. Oh, know. would have been
1993. 1993. God, old. Okay. Sorry. Okay. 1993 then takes you 99? 1993 takes about 1999, thats right. the White House. Okay.
And you can just tell me, what was
House.
MS. BERMAN: Ill join that objection.
MS. COTCA: dont dont need
with everything that was done the White House
but, rather, with respect the background
Ms. Mills the context litigating and her
experience with subpoenas for documents, requests
for documents litigation. Which goes FOIA
requests that may have come litigations that may
have come the Secretarys office. And her
background and experience that relevant the
scope.
MS. WILKINSON: Maybe you can rephrase
the question and ask it, you know, with more more
particularity, she can answer.
MS. COTCA: Sure. Sure. MS. COTCA: Ms. Mills, while you were the White
House, were you involved did your work all
include involve responding subpoenas for
documents litigations and discovery requests with
respect document requests?
what was your position the White House? And changed over time, you can just tell what
you started with and where you ended. started associate counsel, and
ended deputy counsel. Okay. And how long were you associate
counsel there? Four years so. Four years. And then promoted deputy? Yes. Okay. And can you briefly tell your
duties, responsibilities, day-to-day work?
MS. WILKINSON: Objection. going
object because its beyond the scope and not
really relevant what the four corners the
mean, general background, but doesnt relate
what she did. She wasnt acting lawyer the
State Department. going direct her not answer
and just ask you through her background the
relevant parts, but not kind the full
documentation everything she did the White did. did involve responding
requests for information and documents and
materials. Okay. And did that include e-mails,
e-mail records? when first arrived the White
House once again dating there wasnt use. think were the administration that ultimately
ended having e-mail over the course that
think that was, like, the time period where e-mail
was becoming more prevalent. the time left, would say that
that might have been part the paradigm. But general matter, most the time when were
looking records and materials, they were hard
copy. Hard copy. Okay.
But there were some litigations that
included requests for e-mails which you were
witness. Yes. The Alexander matter, for example?
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 20) dont know the name the matter. But
thats correct, that was thats absolutely
correct. Okay. And that included e-mail records.
Correct? Request for e-mail records? believe so. Sorry, youre dating
memory, just doing best. Thats okay. But believe thats correct. going try help refresh you Well, thanks. refresh your recollection. appreciate that. Sure. Sure. Okay. After moving from the White House, what
did you before coming the State Department? worked Oxygen Media, which media
company for that was designed programming
for women. And after was Oxygen Media, went work NYU. Okay. the White House. Right. you recall that? dont. Okay. Were you ever informed are you
aware Judge Lamberths ruling that matter
being critical others, but including your
actions, with respect handling the matter for the
request e-mails that were requested the White
House? when was the request for e-mails the
White House? That was while you were there. when you say that, just trying
ask because dont dont know how step
through the sequencing what youre you are
articulating. would help theres something
that you could that could help me, that would
that. But wont able that from own
memory, and apologize. Sure. you remember providing testimony Which New York University. And managed
the business operations there, and then also was
lawyer there. Okay. And when did you start the State
Department? started the State Department
transitioned into the State Department
uncompensated temporary employee January. And
then ultimately joined the department full time in, think around May And thats 2009. Thats fault for speaking over you and
not letting you finish. 2009. Thank you. Sure. Now, just going back, and again the
context your experience with attorney
with requests for records, and specifically e-mail
records. 2008 there was ruling Judge
Lamberth that came out that the Alexander
matter that just mentioned before from your time
before Judge Lamberth the Alexander case? Before Judge Lamberth? Yes. dont believe Ive had occasion meet
Judge Lamberth, but that might just inaccurate. Okay. you remember there being
mail this case involving mail sever issue
when you were the White House? definitely remember there were
multiple different kinds litigation while were the White House. this about kind
remember know that there was litigation
the White House? Absolutely. But youre asking pull memory right now sit here,
cant that. Well, not asking general litigation. asking actually case which you provided
testimony Okay. with respect requests for e-mails,
and that case there being issue with the mail
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 24) server. And the capture dont remember the mail server. quite confident should start with
had provide lot different testimony during
the time period when served the government. happy have memory refreshed, theres
something that could that. Okay. Lets just let just ask
this way: Shortly before coming the State
Department, Judge Lamberth ruled the Alexander
case, which criticized your conduct, well some others, the White House with respect
handling e-mail requests. And believe the word used was loathsome. Loathsome?
MS. BERMAN: mean, object the form the question terms characterizing the
opinion.
MS. COTCA: Okay. was the opinion was critical. Did
you ever read the opinion? Did anybody ever make
you the opinion and specifically said that
you agreed upon.
And talking about another case from many
years ago and opinion Judge Lamberth, dont
understand the relevance the topics which you
agreed upon were the, you know, stated basis for the
deposition.
MS. BERMAN: Objection well. This
beyond the scope discovery.
MS. COTCA: Okay. Merely just
establish Ms. Mills experience with respect -as attorney with respect handling requests -MS. BERMAN: Youre not asking -MS. COTCA: for documents.
MS. BERMAN: sorry.
Youre not asking about FOIA requests
right now.
MS. COTCA: Were just establishing the
background.
MS. WILKINSON: No, youre -MS. COTCA: With respect Ms. Mills.
MS. BERMAN: have very specific scope permissible discovery. And the portion
your conduct was loathsome. have not had occasion read the
opinion. Okay. And, you know, cant speak both his
observations the set facts that regard,
because think would need that well,
Ive always tried best responsive and tried best the best that could. And think
get each day trying that. not perfect
and would never say was. But certainly
best. Sure. Sure. You said you never read the
opinion. But were you aware, did anybody tell you
about it, did you ever become aware that opinion
that came out -MS. WILKINSON: going excuse
me. going object. Compound and the form
the question. And, also, just you could direct why this relevant the matters which the
judge has repeatedly said are circumscribed what
that believe your questioning purportedly
directed the process, the the State
Departments approach and practice for processing
FOIA requests that potentially implicated former
Secretary Clinton and Ms. Abedins e-mails. And
dont see how this relevant that all. Ms. Mills, what was your position the
State Department during Secretary Clintons tenure? was the chief staff and counselor. Okay.
MS. COTCA: Just respond now the
objection. the chief staff and counselor
the Secretarys office, Judge Sullivans order
this case goes specifically sensitivity with
respect e-mail issues and how FOIA requests were
processed the Secretarys office. think that Ms. Mills experience that regard the chief staff for her entire
tenure and her counselor relevant and within the
scope.
MS. BERMAN: sorry. does not
solely does not just her sensitivity
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 28) e-mail issues. within the specific context responding FOIA requests with regard
e-mail.
MS. WILKINSON: Let also make let
make suggestion. Why dont you ask her what she
did counselor and chief staff. She did not
act lawyer for the Secretary the State
Department. youre asking her about her
experiences lawyer before with FOIA. That
wasnt her responsibilities State. Thats why
dont think its also relevant here. maybe you could establish that first
and then see you have any basis. But dont
believe there factual basis for what youre
asking.
MS. COTCA: Okay. MS. COTCA: you can tell your duties and
responsibilities chief staff, lets start with
that. was chief staff and counselor.
And chief staff was there were issues
policy matter, food security, well as, the
extent there were other initiatives that the
Secretary was seeking launch, being able
provide support and navigate all the different
elements that might required doing that.
And all kind fits into
framework, you think about what secretaries do,
there really the immediate, and then there
short term and then theres long term. tended more the immediate. there was
something that needed addressed, was
conflict among bureaus that had navigated,
those were the types issues that typically would front any given day. But they -they varied enormously. Okay. Correct wrong, but
traditionally, normally speaking, those two
positions are separate positions the State
Department prior you coming and since then. think those two have been. The chief staff role has often been combined with other
roles. the chief staff, theres been chief matters that maybe should step back and give
some context. the department there are broad array kind both policy and programmatic issues that
the department handles and has done those,
obviously, for decades. And diplomacy itself has long history.
And lot about what has been
done the past and how you the future,
particularly when youre dealing with nation states.
And the role the chief staff often
try provide both advice and guidance but also,
more particularly, support for navigating the
multiplicity issues that come before the
Secretary. Which given day can really range
from Iraq Iceland and everything between,
well development that are doing and
development investments that might making
countries around the world.
And counselor, responsibilities
typically were focused particular policy areas
that were focus. For that was Haiti staff and they were the head leg affairs,
theres been chief staff that was also the head our public affairs. think the chief staff role
often shouldnt say often has been the
past combined with other roles well. Okay. think dont know that was
that unique, maybe better way say it, though like think always unique. there reason you combined the chief staff and you held both positions chief
staff well the counselor? think given that there had been
practice some these the chief staff
position having multiple roles for for, think,
Secretary Clinton would have provided the
opportunity was, where there were certain policy
areas that might not always prioritized the
department historically with either with the
resources focus. And this presented
opportunity able that.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 32)
And certainly global food security was not issue that the State Department had ever elevated that level. And President Obama, having that priority for his administration, created
opportunity for some those types issues
actually have the focus and attention not only
the Secretary, but also way prioritizing for
the department. Okay. lets just back up.
How did you come the State Department, you can talk through that with respect what
brought you the State Department? Okay. -MS. WILKINSON: Let object
foundation. Well, not foundation but the form.
Its vague.
MS. COTCA: Okay. Sure.
MS. WILKINSON: And kind again,
want stick the areas discovery. And
understand, you know, thats background question.
But not -MS. COTCA: Just with respect the
Secretarys office and that sort thing, what was
your involvement? when secretaries transition in, one
the terrific things about the State Department
they have and are used the experience every
four years maybe every six years, transition
their leadership. And they have transition
process that they put place that designed
help brief the Secretary all the various
substantive issues that are front the
department.
And that process one that they run
without regard whos coming in. Obviously
its theyre career officials and they very
well. And that was process that got
participate with her, and that was the process
that she stepped through and that the rest who
were part assisting her could either sometimes those meetings not. But thats the
process. And you said she stepped through. Are
you speaking Secretary Clinton?
transition.
MS. WILKINSON: There could 20-year
answer that, you might imagine.
MS. COTCA: Sure. And just talking about with respect,
how was that Secretary Clinton came you and
did she come you and ask you chief staff
and come board the State Department?
How did that come about? Thanks. had been previously working
with Secretary Clinton her campaign. was
intending back job NYU. And she, you
could say invited stay and back into
government. And having served government once
and recognizing the demands both your time and
other things, had had small children. for thought better life balance would going
back NYU. But ultimately she successfully
convinced stay, and did. Okay. Thank you.
Can you discuss prior January 2009,
during the transition process setting the Secretary Clinton. Okay. they actually provide you with set
briefings about all the different policy bureaus and
what the work and what are the key
conflicts, challenges issues that are confronting
different regions the world and different issues
that are continuing enduring the diplomacy
space. Okay. And from Secretary Clintons
standpoint, was there sort transition team that
was also involved with you?
MS. WILKINSON: Objection. Foundation.
And form. when you say that, can you just step
through what you mean? Sure. Because think that they actually put place full transition team the department.
And the presidential transition also puts place
full transition team. And those teams actually
typically are working together.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 36) just President Obama will
transitioning out, hes designated who will his
transition team. They will partner with whoever
ends being the successful nominee guess
electee. Yes, electee.
And they will then obviously work that
transition from the standpoint what are the
policies and the issues that are confronting our
government and how you that effectively. Okay. who else was part this
process from the campaign for Secretary Clinton? Well, -MS. WILKINSON: Objection form and also
beyond the scope.
MS. BERMAN: Objection. Beyond the scope.
MS. COTCA: The transition process the
State Department definitely within the scope,
the extent about office setups and what equipment
was provided and what devices were provided
Secretary Clinton with respect e-mail questions.
MS. BERMAN: You can ask those questions.
MS. WILKINSON: Just make more
individuals who basically help you step through and
arrive and provide for the transition and the
operational setup the Secretarys office. Okay.
MS. WILKINSON: Can Can you -MS. WILKINSON: Excuse me. Can off
the record for minute and take break? going talk the State Department see can
help.
MS. COTCA: Sure.
VIDEO SPECIALIST: are off the record 9:48. recess was taken.)
VIDEO SPECIALIST: are back the
record 9:50. MS. COTCA: Okay. going call this
transition period. the process Secretary Clinton coming the State Department and whoever her staff may
have been picked, including you, that context,
specific, and think she can answer.
MS. COTCA: Okay. Sure. MS. COTCA: Were you involved what was your role
with respect the transition?
MS. WILKINSON: Again, objection.
Foundation and form. Its and beyond the scope.
Just With respect setting that was
already asked earlier.
MS. WILKINSON: sorry. didnt
understand that. With respect setting with respect
setting the Secretarys office, setting the
office. didnt set Secretary Clintons
office. Okay. There there Exec
Secretariat, well what call the -theres team that actually are part the
existing State platform that actually are terrific
with respect making sure that Day Secretary
Clinton has e-mail, phone use, that sort
thing, was there point contact from from the
campaign setting that and coordinating that
with the State Department?
MS. BERMAN: Objection. Assumes facts not evidence. No. No. Okay. you know Lewis Lukens? Yes. Okay. Who he? Lewis Lukens Department State
official. Okay. you know what his role was
the time that you 2009? Lou Lukens, memory serves, was
serving the office the Executive Secretary.
believe that was the office that was serving in. you know what capacity? dont know his title, but obviously
knew was somebody who was serving that
position.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 40) Okay. not asking for his title, but
you know what his role was what did the
office the Secretary? dont know the breadth his
responsibilities. know was somebody who served the Executive Secretarys office, and that office
provides support the Secretary. His deposition was taken, and Ill just
tell you this. His deposition was taken last week,
and identified you the point contact with
respect issues involving setting the different
offices the Secretarys office, and that sort
thing. Were you the point contact?
MS. BERMAN: Objection. Mischaracterizing
Mr. Lukens testimony. cant speak what thought
about. Sure. But you are asking whether not was
the point contact that context, think
would depend what the matter was. Okay. Did you have lot conversations
anybody the State Department, lets say,
November, December and January, before coming the
State Department, with respect where your office
would located? believe January, and probably close the time she was confirmed, would have had
discussions about office location. Okay. How about devices communicate
via e-mail?
MS. BERMAN: Objection. Vague. Whose
devices? Devices for you, for example, Ms. Mills. dont know when conversations about
our device would have occurred. But would
have imagined would have occurred close time when were onboarding. Okay. you recall what the
conversations were? No. sorry. mean, its just harder
for actually remember conversations
the time. Probably just werent significant
mind.
with him? had not -MS. BERMAN: Objection the form the
question.
Sorry. Not that recall lot conversations
with Lou Lukens. certainly did have conversations
with him. Okay. Can you tell what those were?
MS. BERMAN: Objection. Vague. No, cant recall them. Okay. sorry, was long time ago. dont want every single dont want
you describe every single conversation you had
with him. But with respect setting the -making sure that everything set the office.
MS. WILKINSON: Objection. Vague. Form. its not recollection that was
typically engaging with Lou Lukens lot those
matters. Okay. Did you have any discussions with Okay. dont have memory now, sadly.
Many years ago. Okay. Did you receive BlackBerry from
the State Department when you came board? Yes, did have State Department
BlackBerry. Okay. Did you ask for it? dont recall asked for not,
but know received one. Okay. And did you have State Department
e-mail when you came board? dont know when they created State
Department e-mail, but did have State Department
e-mail that used when was the department. Okay. And was that e-mail synced with the
BlackBerry that the State Department provided? believe was. only hesitating
because know initially you couldnt access e-mail
from outside the department. But believe
was synced from the beginning. wrong
about that, would have happened soon thereafter.
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Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 44) Okay. With respect your e-mail account
from the State Department, you remember you
had make request for that, was that
something just issued you? believe that was issued, but could
wrong about that. dont know. dont have
specific memory how came about. But
believe was issued. Okay. you recall who the State
Department shouldnt say issued. Sorry. Let
correct that. believe was created, maybe
thats the best way. dont know how they
structured that. Okay. How did you find out about the
e-mail, your e-mail account, use the State
Department?
MS. WILKINSON: Again, going
object beyond -MS. BERMAN: Objection. Beyond the form.
MS. WILKINSON: And beyond the scope.
Youre supposed talking about the instructing the witness not answer, which
dont want do. And understood that were
going stay within the scope. happy to, say, most
objections, say form foundation. And
otherwise with scope, will continue put the
basis on, just you know why think your question
has gone beyond. And you can rephrase it, like
you have other questions, happy have her
answer.
MS. COTCA: Thats fine. its within
scope, its objection based scope and
youre instructing the witness not answer,
outside the scope think sufficient. Thank
you, though.
Can you read back last question.
(The reporter read the record follows:
How did you find out about the e-mail, your e-mail
account, use the State Department?)
MS. COTCA: And youre instructing the
witness not answer that question?
MS. WILKINSON: am.
creation and operation Clintonemail.com for the
State Department business, the approach
processing FOIA requests that implicated either the
Secretary Clinton Ms. Abedins e-mails, and the
processing FOIA requests. Her State Department
e-mail not part those topics. going object and instruct her
not answer, and ask you focus the areas
discovery that you agreed upon were relevant for
this case.
MS. COTCA: Okay. And would just ask
that you have objection youre going
instruct the witness not answer, that you just without speaking objections. Its improper
coaching the witness during the deposition. would just ask that you leave
the objection and the basis, without any further
speaking objections.
MS. WILKINSON: not trying coach
the witness. course trying give you
basis that you can either change your question theres record basis for why, especially when MS. COTCA: And youre following your attorneys
advice not answer the question. that right, Ms. Mills? Yes. Okay. When you started the State
Department, whether its shortly before shortly
thereafter, are you aware any discussions with
respect e-mail account issued for Secretary
Clinton use during her tenure the State
Department? was not aware discussions about
e-mail account for her use. Okay. Did you discuss with her with
respect what e-mail she was going use
Secretary State for the next four years? the Secretary has spoken about the fact
that she had made determination that she would use
her personal account, and that exactly what she
did. When did you have those discussions with
Secretary Clinton?
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Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 48) -MS. BERMAN: Objection. Mischaracterizing
the prior testimony. dont know. Are you okay. Are
waiting for her anything? You were looking
her. Okay. Sorry. Secretary Clinton continued practice
that she was using her personal e-mail. And
dont know that could articulate that there was
specific discussion opposed her continuation practice she had been using when she was
Senator. did you just assume that she was going use the e-mail that she had before Secretary State? dont have specific memory the
conversations that may may not have occurred. know that understood she was going using her personal e-mail, and thats what she
did. Okay. Whats the e-mail account,
make sure were talking about the same thing, that Yes. not familiar with the Clinton e-mail
account. What that? see. says had her initials,
and then had @Clintonemail.com. Okay. Sorry for that. didnt understand. Thats okay. Thats why asked you
clarify Yes. ask clarify, and happy so. you recall her specific e-mail address? dont recall her specific e-mail
account. has her initials it, and
@Clintonemail.com. Okay. Was that the only e-mail account
that she used during her time Secretary State,
for government business? Secretary Clinton used always used
one e-mail account when she was using e-mail
account. when she initially arrived she was
she used? Secretary Clinton when she was the
Senate had ATT what call ATT account
that ultimately transitioned account that was
Clinton e-mail. Okay. What you mean Clinton e-mail? What you mean e-mail account? sorry. Can you repeat your answer,
then? Maybe misunderstood. Maybe didnt hear
your full answer. she had ATT. Yes. BlackBerry that was associated with
ATT e-mail. Yes. And then she transitioned Clinton
e-mail account. Okay. And whats the Clinton e-mail
account she transitioned to? Can you more specific? mean, you said she transitioned
Clinton e-mail account.
continuing use the ATT accounts, and then
transitioned the dot Clinton e-mail,
Clintonemail.com account. And during her tenure
those were the two addresses, you will, that she
used. Did she continue use the BlackBerry.net
account throughout her tenure? no. Okay. When did she use that e-mail
account? And were only speaking speaking
for government business. not aware BlackBerry.com
account. Okay. Whats the initial account she used the Senate that you said? ATT. ATT. apologize. did she continue use that ATT account throughout her tenure? No. When did she stop using it, far you
know? best recollection was sometime
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Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 52)
March. Thats best recollection. Okay. Why you recall being
March? recall that there was point
which she had transition her e-mail address and
told everyone that she had new e-mail address, and
thats the time period that have the best
recollection around. could have been
might wrong. might have been February,
might have been April. But remember being
after had gotten in. might wrong about
that. Correct am. How did how did she communicate that
you? dont know that have specific
recollection communication much have
understanding that needed change the e-mail
address were e-mailing her at. Was there was there e-mail that went
out within the Secretarys office with respect -to the change? dont remember that. There might have
have assistant? dont recall the assistants name
that time, and apologize. But she was someone who
had been provided the department who was what
call OMS. And she provided support largely
through the first probably six, seven, eight months
that was there. dont know that can but apologize, dont remember her name. And not
because she didnt great job. Did you communicate her about the
Secretarys transition? dont know that did didnt. Maybe
some context would help. office connected hers,
could just walk between the two offices. dont
know that would have been necessary for any
the support staff. Because they they are all
right the same space. Okay.
MS. COTCA: Could mark this Exhibit please.
(Deposition Exhibit marked for
been. could wrong, but dont remember
that. Okay. How did the other staff the
Secretarys office know about the e-mail transition? dont know that can speak how
their what their knowledge is. can only speak mine. Okay. Did you communicate that
assume you had staff help you out when and
provide support when you were serving chief
staff and counselor. Did you? did have staff. Okay. And who was that? had different administrative staff that
provided support. Okay. And who were they? Within the
Secretarys office. Directly reporting you
within the Secretarys office.
MS. WILKINSON: Objection form.
Perhaps you can make time-period-specific
question. Well, during this time March, did you
identification and attached the transcript.)
MS. WILKINSON: Ms. Cotca, you have
copies for -MS. COTCA: Yes.
MS. WILKINSON: Thank you much.
MS. COTCA: dont know have for
everyone.
MS. WILKINSON: can share. discussion was held off the record.)
MS. BERMAN: You said Exhibit
MS. COTCA: Yes, this Exhibit
MS. WILKINSON: What was Exhibit
MS. COTCA: The subpoena. MS. COTCA: Ms. Mills, you can take look
whats been handed you Exhibit Okay. Let know when youre done looking
it.
Youve had chance look it? have. Okay. And just for the record, can you
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Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 56)
state what the document is? You have handed document that
e-mail that has the Secretarys e-mail address,
Lona Valmoro and Huma Abedin, requesting time that
she can meet with her undersecretaries each week,
and asking for recommendations.
And there response recommendation for
Mondays Tuesdays. And request whether
not she wanted this meeting meal. And
then another response from the address the
Secretarys, saying, Just meeting. Okay. Thank you very much.
And whats the date whats the date for
these e-mails? the date each the e-mails the
traffic September 20, 2009. Right. And there are three e-mails here.
Right? there original e-mail from the
Secretarys e-mail account that Sunday,
September 20th, about almost a.m., appears.
And then response that about noon 12:12
February, March, April, somewhere that time
period, and she used consistently during her
tenure there. Okay. Now, want just look the
original e-mail this exhibit, where the e-mail
from Secretary Clinton Lona Valmoro and Huma
Abedin. And its from her HDR22@Clintonemail.com. you see the line
HR15@att.blackberry.net? Yes. see that line. And okay. And did read that
correctly, the e-mail address thats noted there? Yes. Okay. And appears, you agree with
me, that the Secretary copied included that
e-mail that communication? Thats what the document appears show.
MS. WILKINSON: Objection.
Excuse me.
Objection, form and foundation. Okay. you know why Secretary Clinton
was ccing her ATT.BlackBerry.net account?
also Sunday, the 20th September. And then she
responds that 12:12 e-mail from e-mail account
thats assigned her, 12:43 p.m. Okay. Thank you very much.
Just were clear that were speaking
about the same e-mail address for Clintonemail.com, that the e-mail address that the Secretary was
using during her tenure, the HDR22@Clintonemail.com? dont know which the two, because
they both got assigned the account. And this
might reflection the timing when
materials were.
But she typically used thought HROD17.
But could wrong. might have been that the
HDR22 was the account. Okay. not sure. And when you said the timing, thats
with respect when these were printed out.
that Yes. assume.
Because she had one e-mail account after not. you know was active the time? dont believe was. that the account that she was using
prior getting the Clintonemail account? Yes. Okay. And then looks like from the
response from Lona Valmoro, the Blackberry.net
account was also copied, was also the cc, which
would the second e-mail. that right? The shows H2. Correct. And thats the same that was the original e-mail?
MS. WILKINSON: Objection. Foundation.
MS. BERMAN: Objection the form.
Objection well. you know what is? not. Did you ever meet e-mail Secretary
Clinton the Blackberry.net account -MS. WILKINSON: Objection. Form. during after March 2009?
PLANET DEPOS
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Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 60) dont know that would have
consciously e-mailed ATT account, because
that account understood was longer operational.
There are times where e-mails
automatically populate, that could happen. But you were asking what e-mail address would
e-mailing to, would e-mailing the one
Clinton.com. that would goal. And just are you aware the Secretary
used any auto forward function? dont know. Okay. And just going back previous
question. And you can refresh recollection.
Why you remember that was March when the -when the Secretary transitioned her e-mail?
MS. BERMAN: Objection. Asked and
answered. You may answer. dont know that can add more what
Ive already said. you remember your answer? happy have her read back.
e-mail March. youre asking why have
recollection that being that time period
that your question? Yes, thats question. Thank you. Okay. Sorry. Ive had occasion the representation Secretary Clinton have memory refreshed
because materials had look at. And that
one the things that had got memory refreshed
with respect to. Okay. When was that? Which that your question? When youve had your memory refreshed with
respect the March. couldnt tell you what point that
was, but Ive obviously been representing her with
respect number the matters that have been
with respect providing documents the
department. And the course that, that when memory would have been refreshed. Okay. because thats when the
Secretary said that she started using the e-mail Okay.
MS. COTCA: Could you please read back. discussion was held off the record.)
MS. WILKINSON: off the record for one
minute.
VIDEO SPECIALIST: are off the record 10:14. discussion was held off the record.)
VIDEO SPECIALIST: are back the
record 10:15. MS. COTCA: Ms. Mills, you remember the question
that was pending? dont. Could you just restate it?
apologize. Thats fine. And then will best answer. Sure. Why that you think the -Secretary Clinton started using the Clintonemail.com March? dont know that could answer the
question why she started using the Clinton
March?
MS. BERMAN: Objection the form the
question. dont know that can answer that
question.
MS. WILKINSON: And and privilege.
She she learned this refreshed her
recollection refreshed her recollection when she
was acting the Secretarys lawyer, producing
documents the State Department. Were you the Secretarys lawyer when she
was producing returning documents the State
Department? Yes. Okay. When did that representation start? began representing the Secretary when
she departed from the department number
matters, but this matter when came up, she asked assist her it. Okay.
MS. COTCA: Let mark this Exhibit
please.
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Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 64)
(Deposition Exhibit marked for
identification and attached the transcript.) discussion was held off the record.) MS. COTCA: Ms. Mills, you have Exhibit front
you. you could please take look it. Thank you. Sure. Ill have some questions about it.
Youve had chance look it? have. Okay. Thank you.
Can you just for the record describe what
the document is?
MS. BERMAN: Objection the form the
question. mean, the document speaks for itself. Okay. You may answer. The the document e-mail traffic
between Chris LaVine, who sharing news report
that was sent and that forwarded with
FYI. And who did you forward that to? forwarded Secretary Clinton.
e-mail address that e-mail what? Well, reflected this piece paper, says HDR22@Clintonemail.com. Okay. And Ms. Abedins e-mail
reflected this what? H-A-B-E-D-I-N. her first initial and
last name, @HillaryClinton.com. Okay. Does this all refresh your
recollection when Secretary Clinton began using the
Clintonemail.com? No. does not?
Was Ms. Abedin working the State
Department this time, January 30th, 2009?
MS. WILKINSON: Objection. Foundation.
Unless you know. believe she might have been. dont
know that for sure. dont know what date her
official transition date. Okay. When did the Secretary start? The Secretary started January 22nd,
believe, right. Okay. And when did you forward that
Secretary Clinton? sorry, was just looking for the
date. Sure. Sorry. January, 2009. Okay. And which e-mail account for
Secretary Clinton did you forward that to? This document says HDR22. Whats the rest the e-mail? Oh, sorry, @Clintonemail.com. Okay. And looking further the
document, the top e-mail, does appear that
theres e-mail forward from Secretary Clinton? dont understand your question. Well, after you forwarded Secretary
Clinton, whats the next e-mail the e-mail
traffic? see. the next e-mail then says,
Please print. And that from Secretary Clinton
the Clinton.com e-mail address, Huma Abedin. Okay. And, once more, Secretary Clintons 2009? 2009. Okay. These are all 2009. Okay. And you agree that your e-mail Secretary Clinton January 30th, 2009, was
related your work the State Department?
MS. WILKINSON: Objection. Foundation,
and beyond the scope. forwarded her the news article because
thought she would find interesting read. the Secretary the State Department? Well, yes, she was Secretary State, but also references her. Are you saying this personal e-mail?
MS. BERMAN: Object the form the
question. No.
MS. WILKINSON: Objection. You can answer. Unless youre instructed
not answer, you can answer the question. see.
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Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 68)
No. You asked question about whether
not was wasnt what interpreted you
saying whether not was wasnt federal
record. saying that forwarded her news
article because thought she would find
interest and her name was it. Right. interest with respect
her work the State Department? dont know how speak for what would
have happened her brain. Why did you send her? thought she would find interest. Okay. Why did you think she would find interest?
MS. WILKINSON: Objection. going
object and say beyond the scope.
And instruct you not answer.
This not litigation about whether
certain records were turned over correctly not
what decisions she made -MS. COTCA: And was going actually
interrupt and stop you right there. Ive already Did you provide the full e-mail address? was ATT. Okay. you recall the entire e-mail
address before the ATT? dont. saw the HR15, and that strikes probably accurate, but was knew was ATT Okay. Thank you. e-mail address. Okay. you know when did she ever
stop using that e-mail address? Yes. When did she stop using that? She transitioned from using that her
primary e-mail Clinton.com e-mail address
February, March, April 2009. Okay. And the e-mail address, the
e-mail address referenced Exhibit not familiar with e-mail
address. Well, its not thats not the e-mail
address. But the HR15@ATT.BlackBerry.net account,
asked that speaking objections made. you
would like have speaking objection the
record, can excuse the witness leave the room,
and you can make your objection you think thats
absolutely necessary.
Speaking objection that its outside
the scope sufficient. Thank you -BY MS. COTCA: Are you not going answer the question,
Ms. Mills? Tell the question that youre trying
learn. Why did you think this would
interest?
MS. WILKINSON: Same objection.
And instructing you not answer.
MS. COTCA: Okay. clear with respect what e-mails
the Secretary used early 2009, you said that she
had e-mail practice the Senate. you recall
what that e-mail address was? The one that shared earlier.
that wasnt the Senate e-mail, was it? Thats not
the e-mail address that she used during the Senate? Yes, is. Oh, that the e-mail address that she
used? Yes, is. Okay. wasnt sure there was third
e-mail address not. No. Okay.
MS. COTCA: think weve been going about hour. can take five-minute break.
MS. WILKINSON: Sure.
VIDEO SPECIALIST: are off the record 10:25. recess was taken.)
VIDEO SPECIALIST: are back the
record 10:41. MS. COTCA: Ms. Mills, did you recall that was
March when Secretary Clinton transitioned the
Clintonemail.com because when you reviewed the
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Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 72)
e-mails that she was returning the State
Department? No. You had that recollection before you
reviewed e-mails that she was returning the State
Department?
MS. WALSH: Can you speak up, Ramona?
sorry. having hard time hearing you. mean,
not from the mike, just from me.
MS. COTCA: Sure. trying think about how answer
your question consistent with obligations -as counsel.
But the answer did did not have
that recollection based materials returned the
department.
MS. COTCA: Can mark this.
(Deposition Exhibit marked for
identification and attached the transcript.)
MS. COTCA: apologize, only have one
copy.
THE WITNESS: you need look
MS. BERMAN: Objection. Vague. you understand the question? No. Okay. You were writing behalf
Secretary Clinton that letter? Yes. Okay. And you were representing her
her attorney, thats your testimony? did also represent her her attorney,
that correct. Did you represent her her attorney
that context, the context for that e-mail, for
that correspondence? sending this, was sending this
because was her lawyer, who she had asked
undertake this process conjunction with David
Kendall, who also her personal lawyer. And
that was the reason conveyed back. also the case that the letter that
came seeking her records came me, and that
the reason conveyed back. Okay. you recall when you first
first?
MS. COTCA: You can give your
counsel first. MS. COTCA: Ms. Mills, can you take look now
Exhibit Once youve had chance look it,
let know. Thank you. Sure. you recognize that document? recognize this document. And what it? This letter from me, dated December
5th, Under Secretary Kennedy. And can you just summarize briefly. The letter conveying copies the
Secretarys e-mail records the department. Okay. Thank you.
Did you were you representing Secretary
Clinton that time her attorney? Yes. Okay. there reason that you didnt
include that your letter the State Department?
started representing Secretary Clinton this
matter, the matter described the Exhibit
MS. WILKINSON: Objection. Beyond the
scope.
MS. COTCA: Are you instructing her not
answer?
MS. WILKINSON: No. Okay. You may answer. Thanks. started representing Secretary Clinton matters once she left the State Department. And whenever there was matter that she asked
undertake her behalf, would. Okay. But thats not answering the
question. question was, when did you begin
representing the former Secretary for the matter
issue thats described Exhibit
MS. WILKINSON: Same objection. Beyond
the scope. dont know how answer your
question better than indicating that became her
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Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 76)
personal counsel when she left the department. And
this was matter that arose after she left the
department, and she asked would undertake
assist her this matter. When did she ask you undertake
assist her the matter? dont know that have specific date
that she that she did that, but was post
February 2013. you can you more specific time
frame? cant.
MS. WILKINSON: Same objection
scope.
MS. COTCA: Will you mark this.
(Deposition Exhibit marked for
identification and attached the transcript.)
MS. BERMAN: What exhibit?
MS. COTCA: Exhibit Ms. Mills, just please continue review
it, and let know when youre done reviewing the
exhibit.
Clinton for the matter with respect returning her
e-mail records the State Department this time
frame? the time that they requested her
e-mails, was representing her with respect
undertaking the return those. And prior that,
the request was made her address this matter
for her. you recall the first time that you were
contacted with respect returning Secretary
Clintons e-mails the State Department?
MS. BERMAN: Objection. Relevance.
Beyond scope.
MS. COTCA: The scope the return
Secretary Clintons e-mails the State Department
which were searched and reviewed this for this
FOIA litigation.
MS. BERMAN: you see that the scope discovery? not. The scope is, the
creation and use Clintonemail.com.
MS. COTCA: And processing FOIA
requests.
Have you had chance review it? have. Okay. And looks like this document
some e-mail traffic with you and others the State
Department with the respect the return
Secretary Clintons e-mails. that fair summary? Yes, e-mail traffic with me, and
then theres traffic that not that among
the lawyers the State Department. Okay. And this document looks like
the time frame, your first e-mail David Wade,
dated August 22, 2014. that accurate? Yes. Okay. Who David Wade? David Wade this time was the chief
staff Secretary Kerry. Okay. the State Department. Right? the State Department. Sorry, Secretary
Kerry, John Kerry, who the Secretary State
currently. Okay. Were you representing Secretary
MS. BERMAN: And the State Departments
approach and practice for processing FOIA requests
that potentially implicated former Secretary
Clintons e-mails.
MS. COTCA: Correct.
MS. BERMAN: The State Departments
approach and practice for processing FOIA requests,
not the return Secretary Clintons e-mails.
MS. COTCA: And those records were
processed and searched for this FOIA litigation.
MS. BERMAN: the State Department.
MS. COTCA: Correct.
MS. BERMAN: Its not dispute all
this case which records were returned the State
Department, which records were processed for the
FOIA case.
MS. COTCA: Okay. can argue about that
later. MS. COTCA: you remember the question, Ms. Mills? dont.
MS. COTCA: Would you read back
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Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 80)
Ms. Mills, please.
(The reporter read the record follows: you recall the first time that you were
contacted with respect returning Secretary
Clintons e-mails the State Department?) believe that was late summer
2014. Okay.
Okay. just want you can take
look your initial original e-mail Exhibit And its your first paragraph. would
the last page the exhibit where you say,
wanted follow your request last month about
hard copies Secretary Clintons e-mails and
from. you see that? do. Okay. The date the e-mail August
22nd. fair, mean, say that you were
contacted July 2014, minimum? dont know how -my experience memory with respect that time
State Department. Exhibit No, not going any exhibit. Sorry. just want back time 2009
when Secretary Clinton transitioned what youve
identified the Clinton e-mail. Clinton.com e-mail. Yes. Okay. How was that set up; you
know? was not -MS. BERMAN: Object the form the
question. You may answer. was not actually involved the
original setup the e-mail. Okay. But even you were not involved it, you have any knowledge with respect how was set up? The knowledge that have has come through representation her counsel. When you say your representation
period was that there was set conversations
around materials that were going provided
the Hill, and questions that they had with respect media inquiries that they anticipated.
And then subsequent that there was
communication with respect the department
potentially needing all her dot gov e-mails.
And terms timing that, believe
that was sometime the late summer. And dont
know last month was accurate not accurate.
But thats best understanding. Does this refresh your recollection? doesnt. when you said that,
would have still said late summer, just because
thats best memory. But thats memory. Okay. July includes late late summer. that fair? Well, the end July, probably, yeah.
But dont know. Okay. Thank you. want back the e-mail for
Secretary Clinton that she started using the
Secretary Clinton counsel attorney. Oh, attorney. Correct. the counselor role the
State Department not lawyer role. The
counselor role the State Department actually
policy role. And its particular policy
issues that might relevant the Secretary.
And for Secretary Clinton those were
things like food security and Haiti and certain
development initiatives. Okay. when you learned with respect
how the Clinton e-mail was set up, that your
testimony just want make sure understand correctly that was learned the context you representing Secretary Clinton her legal
attorney. terms how was actually set up,
yes. Okay. When did you learn that? dont
want into discussions that you had with
Secretary Clinton her attorney, but curious
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with respect what the time frame that. And when you say that, can you just
was aha know dont know kind moment. Sure. But was certainly, would say best
more specific? When you learned how the e-mail was set
understanding that would have been post her time
up. the department when Ive had step through some can you going just ask you the issues that have obviously been raised about little more specific. obviously knew she was
her e-mail account.
using personal e-mail, dont want suggest
that didnt know she was using personal e-mail. Okay. Was 2014? dont know the answer that question.
Like, dont know was before later. Like, knew she was using personal e-mail. Okay. lets backtrack little bit. dont know how answer that question based
And question was what you knew with respect
having temporal understanding.
about how that e-mail account was set up.
But know that have had conversations
with respect the setup her e-mail, and Ive
had those conversations over period time.
MS. BERMAN: Object the form the
question. Okay. But was definitely after, from Okay. not technologically savvy
person. happy own that straight up.
what understand your testimony, after you left the
dont know that could tell you how AOL account
State Department, youre not sure about it? set Gmail account set anybody terms understanding how her
elses e-mail set up.
e-mail was set terms the technicalities
how was structured, that was something that
learned after her time period the department. can tell you that was not State
Department e-mail. And the extent that your
question when was when did learn she was
not using State Department e-mail, was aware
that she wasnt using State Department e-mail when
she transitioned in. Thats not question, though. Thank you. Sure. question was with respect the
testimony you just gave about that you learned
how was set your representation
Secretary Clinton her attorney. terms the technicalities how her
e-mail set up, terms those those issues,
yes, have fulsome understanding that
comes from representation her. Okay. And not asking about what those
discussions were, but asking you about that
time frame. When when did you learn that? dont know could tell you when
learned that. know that because, obviously,
over the past now year and half Ive been stepping
through that process. dont know that have
pinpoint moment where could tell you where there And who who did you talk about that?
MS. BERMAN: Objection.
MS. WILKINSON: Objection. Calls for
privilege.
MS. BERMAN: And speculation. Assumes
facts not evidence.
MS. COTCA: Whats the privilege?
MS. WILKINSON: She could have talked
her client.
MS. COTCA: not asking with respect Who else did you speak outside your
client about that?
MS. WILKINSON: agents her client. Okay. Let who else did you speak
with outside your client agents your
client? spoke her counsel, who believe
falls into that context. There are other counsel. Who her other counsel? David Kendall her other counsel. there anybody else? There are attorneys that work
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Williams Connolly. And who are they? dont know that could name the names. not asking for the entire firm
directory. know. But being transparent with
you. dont know that can name. And thats
not reflection because most conversations
with are David Kendall.
But know that there are other attorneys,
obviously, there who work matters that involve
representing Secretary Clinton. And then there were
obviously agents her that also engaged
conversation with. Okay. Just for the attorneys, was also
Heather Samuelson?
MS. WILKINSON: going object right
now. Beyond the scope.
MS. COTCA: Whats the other objection?
MS. WILKINSON: And you were asking about
for nonagents, not for agents. Youre trying ask
for nonattorney And also the names all nonagents -MS. WILKINSON: Same who you spoke with.
MS. WILKINSON: Same. Its beyond the
scope. And even though dont agree with you that making objections somehow influencing the
witness, accommodate you going ask
Ms. Mills step out can make full factual
record. discussion was held off the record.)
MS. WILKINSON: want the record
reflect that Ms. Mills -MS. COTCA: Just one moment for Ms. Mills leave the room.
(Ms. Mills left the conference room.)
MS. WILKINSON: Ms. Mills leaving the
room.
You are asking her questions about work
she did after she left the department, behalf
Secretary Clinton, her lawyer, preparing her
client investigation and turning over
documents the State Department.
MS. COTCA: asking who represented
Secretary Clinton.
MS. WILKINSON: Thats totally irrelevant the areas that were here talk about.
MS. BERMAN: Objection well beyond -well beyond the scope.
MS. WILKINSON: And going instruct
her not answer these issues. you want get back the issues that
are the scope within the scope discovery, she
was answering all those questions. want know the agents all the -the names all the agents that you spoke to.
MS. WILKINSON: Same objection. And
instructing client not answer. Beyond the
scope. want know the names all the
attorneys for Secretary Clinton that you also spoke
with.
MS. WILKINSON: Same. Its beyond the
scope.
MS. BERMAN: Beyond the scope. Objection.
You asked her how she learned the
information after she left the department. She told
you she had knowledge how the Clinton noncomm
account was set 2009, when was. And thats
what relevant the scope here, not what she
learned after the fact lawyer. And thats why instructing her not answer.
MS. COTCA: Okay. did not for the
record, did not ask any questions with respect
what she learned the context representing her
for any investigation. Only specifically with
respect Secretary Clinton returning records back the State Department.
MS. WILKINSON: When you got questions
about who she talked to, you didnt know why she was
collecting that information. And its not its
not within the scope. And beyond the scope.
And shes not going answer those questions.
You asked her what was the scope, which let her answer, which did she know how that
account was formed 2009, March 2009. She did
not know how was set up. She said she did know
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that she transitioned it. Thats all agree
within the scope.
Something she learned after the fact
attorney representing her client not something
thats within the scope.
MS. COTCA: And did not ask what she
learned from the Secretary Clinton. asked who
she spoke with about that.
MS. BERMAN: And what the -MS. WILKINSON: Thats still beyond the
scope.
MS. BERMAN: What the relevance that the scope permissible discovery?
MS. COTCA: The setup the server.
MS. BERMAN: But you cant get that -its not information she contemporaneously had
the time. Its all information she learned later.
Its not her independent knowledge.
MS. COTCA: Correct. But goes who
knew about the server and its setup the time
was set up.
MS. BERMAN: Its privileged. her lawyer. Nowhere the courts order that, the way, you agreed were the limits your
discovery, that topic.
MS. COTCA: Okay.
MS. WILKINSON: you would start and
ask her the relevant questions first, think
would have lot better basis able move
along. Instead and figure out what she did
know about the questions that are within the scope.
And want let her answer your
questions.
But youre going over and over outside the
scope the questions instead even figuring
out you still havent asked her the basic
questions that are the scope your that
youre allowed ask. Which makes seem like you
dont really care about what you were supposed
ask her, and youre asking her all these things -MS. COTCA: Let know when youre done.
MS. WILKINSON: that are not relevant.
MS. COTCA: Are you done?
MS. WILKINSON: am.
MS. COTCA: Which completely within the
scope Judge Sullivans order. And asking
names. didnt ask anything else. asking who
she spoke with.
MS. BERMAN: Youre asking for attorney
names, who all that privileged.
MS. COTCA: Who represented Secretary
Clinton not privilege. Whats the privilege
for who represented Secretary Clinton?
MS. WILKINSON: Whats the relevance?
MS. BERMAN: Whats relevance that any those conversations are privileged?
MS. COTCA: Its discovery.
MS. BERMAN: Its not discovery writ
large. limited discovery with very defined
scope permissible discovery.
MS. WILKINSON: Let make suggestion
again. Why dont you ask her she even understood
whether there was server, she understood how
the server was set 2009 the time.
She not going answer questions about
after the State Department period what she learned
MS. COTCA: Okay. Just for the record,
make clear, did not ask anything with respect what she learned. asked who she spoke with.
And lets off the record.
VIDEO SPECIALIST: are off the record 11:05. recess was taken.)
VIDEO SPECIALIST: are back the
record 11:07. MS. COTCA: Ms. Mills, with respect conversations
you had about how Secretary Clintons e-mail was set
up, the Clinton e-mail account, did you ever speak
with Bryan Pagliano?
MS. WILKINSON: Objection. Form,
foundation, timing, and beyond the scope. you can rephrase your question
when youre talking about. Ever.
MS. WILKINSON: Objection. Vague.
MS. COTCA: Okay. Are you instructing her
not answer?
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MS. WILKINSON: No. Please answer. Okay. Sorry. Could you repeat your
question? Did you ever speak with Mr. Bryan Pagliano
about how Secretary Clintons e-mail was set up? Yes. When was that? would have been during the period
which was representing Secretary Clinton when
came the setup her e-mail. Okay. Who Bryan Pagliano?
MS. WILKINSON: Object. Who Bryan Pagliano? you know him? Yes. Hes employee was former
employee the State Department. And what was his role what did
for the State Department? best understanding his work the
department was was working the technology part the department and somebody who has
technology expertise.
about the setup the server.
MS. WILKINSON: She didnt give time
period.
MS. COTCA: Okay. Can you give time period when you
spoke with Mr. Pagliano about the setup the
server? know spoke with Mr. Pagliano about the
setup the server during the period which was
representing Secretary Clinton, which would have
been after two thousand which would have been
post her departure from the State Department.
least thats best recollection. that would post February 2013? Yes. Okay. Was working for the Clintons
the time that you spoke him about the about
the setup the server?
MS. WILKINSON: Objection. Foundation. you know. Well, dont know how answer your
question because dont know the time period. And Okay. Did you know him prior coming
the State Department? Yes. Okay. When did you first start knowing
Mr. Pagliano? believe met Mr. Pagliano 2008.
met him during the course Secretary Clintons
campaign. Okay. When you spoke with Mr. Pagliano
about the setup the server, was Mr. Pagliano
working for either Secretary Clinton Bill Clinton the time?
MS. WILKINSON: Okay. Objection. And
going instruct the witness not answer unless
you set the timing. Because cant tell whether
its beyond the scope not. you could please either answer
ask the question with regard timing, again,
can see whether have instruct her not
answer.
MS. COTCA: believe the witness has
already testified when she spoke with Mr. Pagliano know that least have come understand
that obviously did service the setup her
e-mail during the period where was the
department. Okay. Did you think was let
rephrase that.
Was Mr. Pagliano agent the Clintons the time that you spoke him about the setup
the server?
MS. WILKINSON: Objection.
MS. BERMAN: Objection.
MS. WILKINSON: Far beyond the scope.
going instruct her not answer. Its legal
question.
MS. BERMAN: Objection. Calls for legal
conclusion, and beyond the scope permissible
discovery. What did Mr. Pagliano tell you those
conversations you had about the setup the server?
MS. WILKINSON: Objection. Beyond the
scope. And going instruct her not answer.
MS. BERMAN: Objection. Beyond the scope,
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and potentially calls for privilege.
MS. COTCA: Whose privilege?
MS. BERMAN: This all this this was
all during the time when she was representing
Hillary Clinton.
MS. COTCA: Are you representing
Mrs. Clinton?
MS. WILKINSON: am. And, yes, also
calls for privilege.
MS. COTCA: Okay. just wondering, the
privilege for the State Department, wondering
what privilege.
MS. BERMAN: you well know, not
representing Secretary Clinton.
MS. WILKINSON: representing
Ms. Mills, know, and she represents Hillary
Clinton her personal lawyer. And you are now
asking about work she has done for Hillary Clinton her lawyer. And beyond the scope the
permissible discovery, and instructing her
not answer. And just for the record, Ms. Mills, you
MS. WILKINSON: Objection. Goes beyond
the scope. These are all not within the scope
discovery and could call for privileged information. dont actually know who actually
registered. What did Mr. Cooper tell you?
MS. WILKINSON: Objection. Same bases.
Beyond the scope. Could call for privileged
information.
MS. BERMAN: Objection well. Did you have any discussions with
Mr. Cooper, prior you Secretary Clinton
leaving the State Department, about the setup the
server? dont recall any discussions about the
setup the server. Did you ever discuss with him about the
server itself? dont have technological
background, confident would have had
conversations about the fact that she used
e-mail. But terms the technicalities how
are following the advice your attorneys not
answer the questions when she instructs you not
answer? have yes, am. Okay.
Okay. Did you speak with Justin Cooper
any point about the setup the server? Yes. Okay. When did you speak with Justin
Cooper about the setup the server? would have been the course the
representation Secretary Clinton that would
have spoken him about the setup her server. Who Mr. Cooper? Mr. Cooper was senior advisor
President Clinton and personal aid who managed
issues related President Clintons business
well their household. Okay. Did set register the
domain name for -MS. WILKINSON: Object. Secretary Clintons e-mail?
100 was managed, thats not something that had -or least dont have any recollection having
conversations around that until the time period
where was representing Secretary Clinton with
Mr. Cooper. sorry. What the matter that you
represented Secretary Clinton with respect
contacting Justin Cooper and Mr. Pagliano?
MS. WILKINSON: Objection. Beyond the
scope discovery. fact, may call for
privileged information, not going answer
that question. Did you ever represent Mr. Pagliano
Justin Cooper?
MS. WILKINSON: Objection. Beyond the
scope.
Dont answer. Are you following your attorneys advice
not answer? Yes. Okay. How about Oscar Flores; did you
ever speak Oscar Flores with respect the setup
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101 the server? may have spoken Oscar Flores.
MS. BERMAN: Objection. Sorry. may have. would have been likely
the course the representation Secretary
Clinton this matter. this and want clarify what
this matter is. this case? apologize.
MS. WILKINSON: Objection. Objection.
Please. Before you she answers. Its beyond the
scope.
Ms. Mills not party this matter
that the subject the discovery, this
limited deposition. And shes not going reveal
the nature her representation the Secretary.
MS. COTCA: Okay. Thats fair. But
thats not the question. With respect when you said, this
matter, can you clarify? would clarify that its not with respect the underlying litigation that you all have going
103 Did you have any discussions with anybody the State Department about the setup her
server prior you leaving the State Department? dont believe did. How about before you came and served
chief staff? dont believe did. Are you familiar with Platte River
Networks? Yes. Okay. Who are they, what it? Platte River Networks company that
provides e-mail servicing and other technological
support. Okay. Its private company. And they provided support for Secretary
Clintons e-mail? Yes. Okay. When did you first learn about
Platte River Networks serving her server? dont know when first learned about
102
on. Okay. Who Oscar Flores? Oscar Flores personal aid
Secretary Clinton and household employee
President and Secretary Clinton. And what did Oscar Flores tell you with
respect the setup the server?
MS. WILKINSON: Objection. Beyond the
scope. may call for privileged information.
MS. COTCA: Are you instructing her not
answer?
MS. WILKINSON: am. How about anybody the State Department;
did you speak with anybody the State Department
about the setup the server?
MS. BERMAN: Objection. Could you clarify
the time frame?
MS. COTCA: Sure. Lets break down. After you left the State Department. dont recall having conversation with
anyone after she left the State Department about the
setup her server.
104
Platte River. know that Platte River obviously
transitioned her e-mail 2013. Did you have any discussions with them
prior leaving the State Department, when you were
getting ready leave the State Department? dont recall. might have, but dont
recall that. Okay. When you spoke with Platte River
Networks, did you learn about how the server was set that point?
MS. BERMAN: Object form question. dont know the answer your question.
And dont know the answer your question. How about Datto Network? not familiar with Datto Network. How about Datto, Inc.? know the enterprise that you are
speaking of. But Ive not had occasion engage
with them. Okay. And what you know about -whats the context your knowledge about Datto,
Inc.?
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105
MS. WILKINSON: Objection. Beyond the
scope.
MS. COTCA: Are you instructing her not
answer?
MS. WILKINSON: No. understand that they have contracting
relationship with Platte River Networks. Okay. Did you learn that Datto Network
transitioned over e-mail from Secretary Clinton from
Platte River Networks?
MS. BERMAN: Objection. Assumes facts not evidence.
MS. WILKINSON: Objection. Foundation. dont know that the case. you know whether they had any dealings
with respect Secretary Clintons e-mail account?
MS. WILKINSON: Objection. Foundation.
Scope. knowledge what they might have
had with respect Secretary Clinton came through representation Secretary Clinton. That was after you left the State
107 that Exhibit
MS. WILKINSON: Objection. Vague. Can
you just ask the question. dont see Exhibit Okay. Theres actually different
address Exhibit Its
HAbedin@HillaryClinton.com.
What did Ms. Abedin use that whats
that e-mail address?
MS. WILKINSON: Objection. Foundation. Thats not the e-mail address
Clintonemail.com. Okay. that e-mail account that
Ms. Abedin used while she was the State
Department -MS. WILKINSON: Objection. far you know? No, not knowledge.
MR. MYERS: Ramona, could you speak
little bit?
MS. COTCA: Oh, sure.
MR. MYERS: Thank you.
106
Department? Yes. Okay. Did you contact Datto, Inc., ever, anybody from Datto, Inc.? Not recollection. Ms. Mills, weve gone over the e-mail
account that Secretary Clinton used. What the -Huma Abedin also used e-mail account connected
the Clinton server. Right?
MS. WILKINSON: Objection. Foundation and
form. With respect Ms. Abedin, she had
State Department e-mail, and she had e-mail that
was @Clinton.com. Okay. you know that e-mail account?
MS. WILKINSON: When you you mean
account you mean address? mean the address. sorry.
MS. COTCA: Thank you. would recognize saw it. think its Exhibit
108 MS. COTCA: you know whether Ms. Abedin had more
than one e-mail account the Clinton server? dont know. And you said that Ms. Abedin also had
State.gov account, e-mail address for the State
Department? Yes. Okay. you know how she was issued that
e-mail address? dont know. you know she had request
e-mail address for issued? dont know. want back when you started
the State Department. Was there directory
something similar directory, with officials who
worked within the Secretarys office and their
contact information, just for staff able
use they needed contact anybody? Not knowledge. Who was the Secretarys office?
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109
MS. WILKINSON: Objection. Form. Just
111
establishing time period again.
MS. BERMAN: Objection. Characterizing Say when you started the State
her testimony. She said she didnt recall any
MS. BERMAN: Objection. Vague.
directory. someone was seeking reach the
Department back January 2009, who was the
Secretary somebody the Secretarys staff, they
staff, who worked within the Secretarys office?
could that number ways.
MS. BERMAN: Objection. Vague, and
relevance. Okay. the Secretarys office has
They could visit you, they could e-mail. Oh, sorry. Lets narrow down. e-mail.
existing staff when you walk the door, which executive secretary. There are two special Okay. e-mail, your e-mail was
assistants. There also executive assistant.
the State Department system, you could spell
There are others, well, that dont know
start spelling the persons last name, and would
well. Did you have assistant?
populate with the address associated with people who
had similar last names. And then you could look
called office management specialist when came
through them identify who you were looking for. Okay. And, lets say, for Secretary
in. OMS. someone who helps you when
Clinton, she did not have State.gov e-mail
you are transitioning in, who has been the
address.
department. And they provide support you you
transition in. Okay. you know Ms. Abedin had had what was termed what theyre Correct. Okay. how would they able reach
her e-mail somebody needed e-mail her?
110
assistant? dont know. And, obviously, Ms. Abedin also was the
Secretarys office. Correct? So, yes. She was the deputy chief
staff and managed operations. Correct. Okay. when you first came board,
somebody needed reach out either Ms. Abedin
you the Secretary, and they needed e-mail
something, how how did they know whose e-mail
accounts their e-mail addresses?
MS. BERMAN: Objection. Vague. you could just little bit more
specific, can helpful. Okay. Well, you said there was
directory staff sheet with whos the office
and what are their extensions and what are their
e-mail addresses. the Secretarys office. Correct. Were strictly speaking with
respect the Secretarys office.
112 she had e-mailed with them they would able reach her. They could come upstairs and
seek her e-mail address from the special assistants others who were familiar with it. they could
seek engage her. practical matter, Secretary Clinton
overwhelmingly met with people. her modality
engagement was not traditionally the e-mail. She
traditionally used meetings and phone calls the
way which she engaged her day-to-day business
for the department. Okay. And, again, though, question
was, though, within the Secretarys office.
the special assistants needed e-mail something
Secretary Clinton, how did they first learn her
e-mail account, e-mail address? cant speak how they learned. But
the specialists sit right out front her
office. they ever e-mail her? dont know the answer your question.
But they frequently walked and out her office
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113 engage with her, provide her with materials. The Clinton e-mail address that weve
that youve identified for Secretary Clinton, she
used that for her State Department business.
Correct? Correct. Okay. And would you agree with that
Secretary Clinton used widely throughout the
department and outside the department for her work
business?
MS. BERMAN: Objection. During her tenure there?
MS. BERMAN: Objection. Vague. know that she e-mailed number
people both inside the department for the work that
she did, well the government. Okay. Jacob Sullivan, who he? Jacob Sullivan was deputy chief staff
and managed policy the department, and then
subsequently became the head policy and planning. Okay. was within the Secretarys
office. Correct?
115
MS. WILKINSON: Objection.
MS. BERMAN: Objection. Theres
question.
MS. WILKINSON: Youre not here make
record. This deposition.
MS. COTCA: Correct. you have any reason dispute that
the Secretary e-mails that she returned the State
Department, Ms. Abedin sent 3,000 Mrs. Clinton
sent 3,490 e-mails Mrs. Abedin and Ms. Abedin
received 872 e-mails from Secretary Clinton?
MS. WILKINSON: Objection. Form,
foundation, and beyond the scope. know that the Secretary returned over
30,000 e-mails. dont know the breakdown that terms how they broke down individual. Okay. Who William Burns? Bill Burns was the Deputy Secretary
State. what time? Bill Burns was the Deputy Secretary
State during her tenure. And was promoted
114 Correct. Okay. And Secretary Clinton e-mailed with
Mr. Sullivan for government-related business? knowledge, yes. Okay. And just our count the
records that Secretary Clinton returned, counted
3,887 e-mails that were sent and 1,412 e-mails that
were received. whom? Between Mr. Sullivan and Secretary
Clinton.
MS. WILKINSON: Objection. Theres
question there. Youre just making statement. Did Mrs. Clinton e-mail with Huma Abedin? Yes. For State Department business? Yes. Okay. And you know how frequently they
e-mailed? dont. Okay. Again, just for the record, our
count was
116
that position while she was Secretary. Okay. And you know, did Secretary
Clinton e-mail with Bill Burns during her time
State Department for government business? knowledge, she did. How about and just going
through few names just Okay. Thank you for that. appreciate
that preview. How about Jack Lew? knowledge, she did. And who he? was Deputy Secretary State. When? was Deputy Secretary State for most her tenure. Not all it, but for most it. How about Thomas Nides?
MS. WILKINSON: Objection for moment.
Could ask you mean, dont mind you asking
these questions, but dont understand the
relevance the permissible scope because not
party the case.
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117
Are these part the FOIA requests that
implicate Secretary Clinton and Ms. Abedins e-mails the processing the FOIA requests this
action?
MS. COTCA: These Secretary
Clintons use her e-mail account the State
Department. officials within the State
Department.
MS. WILKINSON: But dont see that the topic thought was the approach and
practice for processing FOIA requests and the
creation and operation Clintonemail.com, not who
she e-mailed generally.
Again, you can -MS. COTCA: Again, you want can have discussion and can actually off the record.
And can out and can ask Ms. Mills
leave the room.
MS. WILKINSON: just asking you for
clarification.
MS. COTCA: You know, youre going
have these sort questions and statements,
119
MS. WILKINSON: You know, most
depositions people try work together. Because want you able get the questions asked
and answers that youre entitled to. not trying just make
objection for the sake it. actually trying see theres basis, then would happy
have client answer the question. any deposition Ive done, normally
people are more than willing that, because the
idea get you the information youre entitled and that you need.
MS. WALSH: you guys need copy the
order? Ive got extra one.
MS. WILKINSON: your
position and Ill let her answer, maybe wont
instruct her not answer. your position
that those questions the first topic, the
creation and operation Clintonemail.com?
MS. COTCA: dont dont need dont need explain with respect the
strategy how the questions are asked with
118
Ms. Mills, you can exit the room.
THE WITNESS: Okay.
MS. COTCA: Sorry.
THE WITNESS: No. No. Thats quite all
right.
MS. COTCA: Unless you withdraw the
objection.
MS. WILKINSON: No, dont.
(Ms. Mills left the conference room.)
MS. WILKINSON: trying get basis
for asking the questions. dont want have object.
MS. COTCA: This isnt with respect
processing FOIA; this respect Secretary
Clintons use her e-mail the Secretary
State.
MS. WILKINSON: But thats not what the
order says. says the creation, operation
Clintonemail.com.
MR. ORFANEDES: This not debate.
you have scope objection, say scope, and well
move on. your witness
120
respect where they fit within the scope.
believe they are within the scope Judge
Sullivans order. you have objection scope and you want instruct the witness not answer,
please so. And refrain just doing that when
the witness here.
MS. WILKINSON: just want make
record. Were trying work out. wasnt
asking you for your strategy. was asking you
whether you thought what topic was under. And
youre telling you wont answer.
MS. COTCA: already told you that was
within the first topic. wasnt within the
processing FOIAs. And thats pretty obvious,
that this scope within that.
MS. BERMAN: Would this good time
take break since weve been going for while?
MS. COTCA: Sure.
VIDEO SPECIALIST: This ends Tape
are off the record 11:34. recess was taken.)
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 121 124)
121
VIDEO SPECIALIST: Here begins Tape
the deposition Cheryl Mills. are back the
record 11:48. MS. COTCA: Ms. Mills, were just going through some the other officials the State Department and
Secretary Clintons practice e-mailing with them her Clintonemail.com e-mail address. Susan Rice,
who she? Well, can you more specific you mean what because shes held number
positions. tell what you mean. you know who she is? She currently serves the national
security counsel. Okay. And does she serve any capacity the State Department during your tenure there? She was during Secretary Clintons
tenure there and mine, she served the ambassador the United Nations. Okay. And you know Secretary
Clinton e-mailed with Ms. Rice?
123 Will you, please. And let know when
youre finished reviewing it.
Ms. Mills, see that youre highlighting
some portions the exhibit, which fine. But
just for the record sorry. No. Thats fine. But just for the
record, can confirm that there were
highlights when you were handed the exhibits, and
that those are your highlights.
MS. WILKINSON: Dont highlight. Sorry. apologize. was just trying
read, pay attention was reading. wont
highlight anymore. Okay. But those are your highlights for
the record, youve highlighted that exhibit? have. Thank you. Okay. And there were highlights,
highlight marks before when handed you the
exhibit. When you handed the exhibit, there were highlights it.
122 dont know.
MS. COTCA: Okay. Could you mark this exhibit, please.
(Deposition Exhibit marked for
identification and attached the transcript.)
MS. WILKINSON: you have copies?
MS. COTCA: Oh, yes. What exhibit
that?
MS. WILKINSON: Exhibit
MS. COTCA: You know what? Just mark -Can off the record for one moment.
VIDEO SPECIALIST: Were off the record
11:49. recess was taken.)
VIDEO SPECIALIST: are back the
record 11:51. MS. COTCA: Ms. Mills, youve been handed, believe
its Exhibit Yes. Yes. Did you have chance review it? have not. will review.
124 Thank you. And apologize for distorting the record,
and will not that again. thank you.
MS. WILKINSON: Ms. Cotca, think what
got are two the same pages the last two pages.
Could wrong.
MS. COTCA: Theyre not. Theyre close,
but dont think theyre identical.
MS. WILKINSON: Okay.
MS. COTCA: Are they identical your
copy?
MS. WILKINSON: Its hard for tell.
MS. COTCA: Okay.
MS. WILKINSON: Oh, see. MS. COTCA: Ms. Mills, have you reviewed Yes, have. reviewed the exhibit? Thank you. Sure. And fair description
just say there are number e-mails this
exhibit, with Secretary Clinton?
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 125 128)
125 Yes. Okay. just want through some them with respect who she communicated with
when she was the State Department. Thank you. Sure. Weve talked about, weve asked
about Susan Rice. the first page. the first page the exhibit. that Susan Rice who served the
ambassador? Yes. that e-mail? Okay.
And thats e-mail Secretary Clinton.
Right? This e-mail Secretary Clinton.
This e-mail from Secretary Clinton Susan
Rice her State.gov account, and then Susan
responding. Okay. And looks like the e-mail from
Secretary Clinton initially the beginning
states, Susan, please feel free use, paren, open
127 dont know. Okay. And then the next page, can you
just describe what that page -MS. BERMAN: Objection the exhibit?
MS. BERMAN: the document speaks for
itself. This e-mail exchange with Secretary
Clinton and myself part it. Okay. And the original e-mail, you
see that where Amanda Anderson sent you e-mail well Lauren Jilloty? Yes, see that. Okay. Asking send her e-mail address,
the subject matter being the Secretarys e-mail. you see that? see that. Okay. that request for Secretary
e-mails for Secretary Clintons e-mail account sent, the e-mail address sent Emanuel
Rahm?
MS. BERMAN: Objection. The document
126
paren, whatever current address may be. dont
know thats exclamation mark not, close
parenthesis. you see that? see that. Okay. Why did Secretary Clinton e-mail
Susan Rice?
MS. WILKINSON: Objection. Foundation. dont know why she chose that -on that that occasion e-mail her. Okay. Well, guess question let
rephrase the question. Okay. Did Susan Rice request make request
for Secretary Clintons e-mail account?
MS. WILKINSON: Objection. Foundation.
The document speaks for itself. dont know. Okay. you know Secretary Clinton
requested directly Secretary sorry,
Susan Rice made request Secretary Clinton for
the Secretarys e-mail address?
128
speaks for itself. The e-mail says the Secretary and Rahm are
speaking, and she has just asked him e-mail her.
Can you send her address, please. Okay. Whose address that?
MS. BERMAN: Objection. you know. you can deduct from the
document. the document says the Secretary and
Rahm are speaking. She just asked him e-mail her
address. Can you send her e-mail address,
please.
And then sorry. No, no, no. sorry. ahead. And then sent e-mail the Secretary
saying, you want him have your e-mail.
And the Secretary then responded me,
saying, yes.
And then responded saying, Will give
him directly.
And this exchange happening our
State e-mail accounts.
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 129 132)
129 Okay. Except for Secretary Clintons
e-mail. Correct? Correct. Secretary Clintons e-mail
Clintonemail.com. was her practice e-mail for
State matters individuals government accounts. Okay. Did you provide Emanuel Rahm the
Secretarys e-mail address? dont know. would hope did, because said would. But dont have recollection
it. And the next page the document?
MS. WILKINSON: Can just maybe
you want clear that these are multiple
e-mails. Youve just compiled them.
MS. COTCA: Yes. think that was said
the beginning.
MS. WILKINSON: Okay. Sorry. Thats Page Exhibit think. Correct. Exhibit Page which
new e-mail. Okay. John Kerry, the current
Secretary State. Correct?
131 the Department Energy. Correct. Okay. Did Secretary Clinton and Secretary
Chu e-mail? can only look this e-mail and
and say the answer that question would
appear yes. But didnt have contemporaneous
knowledge her e-mails with How did the Secretary Steven Chu. Okay. How did Secretary Chu learn
Mrs. Clintons e-mail address? have idea. The next two pages appear two pages e-mail string the exhibit. you see that? do. Okay. And these e-mails appear
string. youll look the second page the
document, your original e-mail. There
statement from you, You can lose the
cmills@HillaryClinton.com. Correct.
130 assuming this John Kerry who was
the who currently Secretary State. dont
personally know John Kerrys original e-mail
address, but would appear from the face
the document that thats what its referencing. But deducing that, opposed knowing his e-mail
account. Okay. Did you know mean, did
Secretary Clinton e-mail with John Kerry during her
time the State Department? She may very well she very may well
have. dont dont know that had
contemporaneous understanding that. And thats the date the document
March 18, 2012. Correct? The yes. Both e-mails are March 18,
2012. Okay. Sunday. Okay. The next page the document.
Thats e-mail that appears e-mail,
correct, Secretary Clinton, from Steven Chu?
132 you see that statement? Yes. Okay. And thats e-mail from you
whom? Dennis McDonough. Who was that? Dennis McDonough was the deputy national
security counsel. Okay. that time? Back January sorry. always using the time
period this date. should say January -with July 2009, with respect the e-mail
that youre asking about, and you said who was
he. Yes. was serving the capacity the
deputy national security counsel, the best
memory. Okay. What that e-mail account thats
referenced there for for you? Which one?
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 133 136)
133 The CMills@HillaryClinton.com. The CMills@HillaryClinton.com was
campaign e-mail address. Okay. When did you begin using that
e-mail address?
MS. BERMAN: Objection. dont know.
MS. BERMAN: Beyond scope admissible
discovery.
MS. WILKINSON: Same objection. Let lay some foundation. Did you use
that e-mail account when you were Secretary
the State Department? No. When did you discontinue did you
discontinue using that e-mail account? Yes. Okay. When was that? would have discontinued probably using
that e-mail account sometime January 2009. Okay. still active?
MS. BERMAN: Objection. Beyond the scope
135
House for period time during Secretary
Clintons tenure and also not the White House
during period time.
And just dont have enough facility mind know which period this was in, even
looking the dates. just dont remember
came into the government first with the President
and then left came later and then
because thats the best recollection. But
did serve government for period time. Okay. What capacity did serve when was the White House? dont know what his dont know what
his title was what his capacity was. know that served someone who obviously was advising the
White House, but couldnt tell you more than that. When you say advising the White House,
advising the President? Yes. Okay. How about John Podesta; did
Secretary Clinton e-mail with John Podesta? Are you another e-mail now?
134 discovery.
MS. WILKINSON: Same objection. Was still active July 2009? actually dont know. didnt have
strategy for accessing it, dont know the
answer that question. might have continued
have life, but didnt access that e-mail. Okay. Did send you e-mail the
HillaryClinton.com e-mail account before you
responded July 2009? just dont know. Okay. Next page, please, the exhibit.
Did Secretary Clinton e-mail with David
Axelrod? dont know how frequently she e-mailed
with David Axelrod. know, based this e-mail
traffic, that provided her with his address. Okay. Who was David Axelrod that time? dont know what role David Axelrod was
serving that time. Was the White House? David Axelrod was both the White
136 No. just asking you. dont know that could have
contemporaneously told you the answer that
question. see e-mail here. Youre the next page. Okay. Yes. And she e-mailed with John Podesta,
well? This e-mail traffic reflects e-mail
with John Podesta, correct. Okay. Who was John Podesta the time? June 2009 believe John Podesta
would have been the president the Center for
American Progress. And okay. Who Nora Toiv? Nora Toiv was assistant office. Okay. When did she serve assistant? She started sometime after was there,
probably not until six months after was
there. And how long did she stay that role? She was there for most tenure, but
PLANET DEPOS
888.433.3767 WWW.PLANETDEPOS.COM
Videotaped Deposition Cheryl Mills, Esq.
Conducted May 27, 2016 (Pages 137 140)
137
she left prior departure. Okay. And when you say she served
assistant, was that your assistant was she
your assistant? She was assistant

POLITICAL MUSINGS

OBAMA PRESIDENCY & THE 114TH CONGRESS:

Ever since officially launching her presidential campaign Hillary Clinton has done almost everything possible to avoid talking to the press, her 28-day drought finally ended on Tuesday, May 19, 2015. While in Iowa at a roundtable event about small…

POLITICAL TRANSCRIPTS

2016 PRESIDENTIAL CAMPAIGN:

Hillary Clinton answers 6 questions from the press in Iowa

FIRST QUESTION: Do you regret the way the Clinton Foundation handled foreign donations when you were U.S. Secretary of State? Your opponents say the donations and your private email account are examples of the Clintons having one set of rules for themselves and another set of rules for everyone else.

CLINTON: “I am so proud of the foundation. I’m proud of the work that it has done and is doing. It attracted donations, from people, organizations, from around the world, and I think that just goes to show that people are very supportive of the life-saving and life-changing work that it’s done here, at home and elsewhere. I’ll let the American people make their own judgments.”

SECOND QUESTION: Given the situation in Iraq, do you think we’re better off without Saddam Hussein in power?

CLINTON: “Look, I know that there have been a lot of questions about Iraq posed to candidates over the last weeks. I’ve been very clear that I made a mistake plain and simple. And I have written about it in my book. I’ve talked about it in the past and you know what we now see is a very different and very dangerous situation. The United States is doing what it can, but ultimately this has to be a struggle that the Iraqi government and the Iraqi people are determined to win for themselves. We can provide support, but they’re going to have to do it.”

THIRD QUESTION: On your income disclosure, you are in the top echelon of income earners in this country. How do you expect every day Americans to relate to you?

CLINTON: “Well, obviously, Bill and I have been blessed and we’re very grateful for the opportunities that we’ve had, but we’ve never forgotten where we came from, and we’ve never forgotten the country that we want to see for our granddaughter, and that means that we’re going to fight to make sure that everybody has the same chances to live up to his or her own God-given potential. So I think that most Americans understand that the deck is stacked for those at the top, and I am running a campaign that is very clearly stating we want to reshuffle that deck. We want to get back to having more opportunities for more people so that they can make more out of their own lives. And I think that’s exactly what America’s looking for.”

FOURTH QUESTION: Can you explain your relationship as secretary of state with Sidney Blumenthal? There’s a report out this morning that you exchanged several emails. Should Americans expect that if elected president that you would have that same type of relationship with these old friends that you’ve had for so long?

CLINTON: “I have many, many old friends, and I always think that it’s important when you get into politics to have friends that you had before you were in politics and to understand what’s on their minds. He’s been a friend of mine for a long time. He sent me unsolicited emails, which I passed on in some instances, and I see that that’s just part of the give-and-take. When you’re in the public eye, when you’re in an official position, I think you do have to work to make sure you’re not caught in the bubble and you only hear from a certain small group of people, and I’m going to keep talking to my old friends, who ever they are.”

FIFTH QUESTION: We learned today that the State Department might not release your emails until January 2016. A federal judge says they should be released sooner. Will you demand that they are released sooner, and to follow up on the question about the speeches, was there a conflict of interest in your giving paid speeches into the run-up of your announcing that you’re running for president?

CLINTON: “The answer to the first is: No. And the answer to the second is: I have said repeatedly, I want those emails out. Nobody has a bigger interest in getting them released than I do. I respect the State Department. They have their process, as they do for everybody, not just for me, but anything that they might do to expedite that process, I heartily support. You know, I want the American people to learn as much as we can about the work that I did with our diplomats and our development experts. Because I think that it will show how hard we worked, and the work we did for our country during the time that I was secretary of state, where I worked extremely hard on behalf of our values, and our interests and our security. And the emails are part of that. So I have said publicly — I’m repeating it here in front of all of you today — I want them out as soon as they can get out.”

SIXTH QUESTION: But will you demand their release?

CLINTON: “Well, they’re not mine. They belong to the State Department. So the State Department has to go through its process and as much as they can expedite that process, that’s what I’m asking them to do. Please move as quickly as they possibly can.”

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